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Nursing home residents have rights, too

Making the decision to place a loved one in a nursing home is very difficult. Imagine placing your mother into a home and the various things that will concern you. You will worry if the place is going to be a good fit, if she is eating enough and getting exercise. You will also worry about the standard of care at the facility.

Nursing home abuse happens more often than we like to think about. Fortunately, there are laws in place that protect the rights of nursing home residents.

Your loved one has the right to take part in treatment decisions made by her doctor. She also has the right to a reasonable standard of care. In addition, staff should inform her about financial assistance opportunities and any potential changes to her daily activities. Knowledge of your loved one's rights will help you ensure they are protected. If you suspect your loved one has suffered nursing home abuse, speak with a Brooklyn attorney about your options to pursue legal action.

Nursing Home Reform Act

In 1987, The Nursing Home Reform Act was signed into law. The Act put into place protections for nursing home residents. For example, it set specific guidelines for the standard of care the facility should provide to residents. It also dictates how facilities care for their patients. Most importantly, the Act established firm rights for nursing home residents and their families. Facilities that violate the provisions of the Act may suffer punitive action in the form of reduced Medicare and Medicaid funding.

Residents' rights

In general, there are certain basic rights that all nursing home residents have, regardless of where the facility is located in the country. For example, your mother will have the right to see members of her family, friends and an outside medical provider if she chooses.

She also has the right to receive the same level of treatment that the facility provides to other residents. For example, if another resident is paying privately and Medicare is paying for your mother's expenses, there should not be a difference in the level of care each resident receives.

Your mother also has the right to live in a place without the threat of abuse, physical restraint or medical restraint. The nursing facility must provide a safe environment, free from abusive staff. Furthermore, she has the right to report any issues without fearing retaliation for doing so.

Report nursing home abuse

If you suspect that a loved one has suffered abuse in a long-term nursing facility, you have the right to report it. Take action and contact the New York State Department of Health to report a case of abuse.

Source: Nov. 30, -0001

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