YOUR RIGHTS AS A NURSING HOME RESIDENT (A Summary)
TO BE FULLY INFORMED
You are entitled to receive a copy of all rules and regulations pertaining to your
rights and responsibilities, to be informed in writing of services available to
you, and all matters related to charges.
You have the right to be informed of the address and telephone number of the local
and state ombudsman and the Department of Public Health and Environment.
You have the right to see that state survey reports on the facility. In fact,
you may visit http://www.medicare.gov/Nursing/Overview.asp
for the most recent survey results.
You have the right to communicate in your own language and to assistance if you
have sensory impairment. You have the right to be informed about your rights to
financial assistance under Medicaid. TO PARTICIPATE IN YOUR OWN CARE
You have the right to adequate and appropriate health care. You have the right to
select your health care facility, to choose you own physician, and to review your
medical records. You are entitled to participate in planning your care, including
discharge planning, to be informed of all aspects of your care, to refuse medication
and treatment unless otherwise ordered by the physician. TO MAKE INDEPENDENT
CHOICES
You have the right to make choices and independent personal decisions and to be
encouraged in this by staff. You have the right to participate in community activities
inside and outside the facility. You have the right to vote and manage your own
finances. TO PRIVACY AND CONFIDENTIALITY
You have the right to private and unrestricted communications with any person of
your choice, privacy for telephone calls, for meetings with family, friends and
other residents, consensual sexual activity, and unopened mail.
You have the right to privacy in treatment and caring for your personal needs, to
confidentiality regarding your medical, personal and financial affairs. TO DIGNITY,
RESPECT AND FREEDOM
You shall be treated with consideration, respect and full recognition of your dignity
and individuality. You shall not be subject to physical or emotional injury or harm.
Except on orders of physician, you may not be subjected to medication or to physical
restraints. TO SECURITY FOR YOUR POSSESSIONS
You may file a complaint with the state health department for abuse, neglect, or
misappropriation of your property. TO REMAIN IN THE FACILITY
You may be transferred only for medical necessity, for non-payment, for your welfare
if your welfare cannot be met in the facility, or if the safety and welfare of other
residents is endangered.
You cannot be transferred or discharged for raising concerns or complaints. You
must be given reasonable advance notice except for an emergency. This means thirty
(30) days notice for a transfer out of the facility, and five (5) days notice of
a room change. If you do not agree with the transfer, the facility must provide
you and your family member with a written notice that includes your right to appeal
(to be filed within one day), the staff member you should notify, and the phone
number of the Colorado ombudsman for assistance.
You have the right to receive written notice about facility policies in regard to
holding a bed if you should be hospitalized. You must be notified three (3) days
prior to a lapse of bed hold. TO RAISE CONCERNS OR COMPLAINTS
You have the right to raise concerns or use the grievance procedure to recommend
changes individually or as a resident council to staff or to outside representatives.
There may not be reprisals for your action. The full grievance procedure is available
from the facility staff or the ombudsman.
Every facility must have a resident council. The council shall be conducted by the
residents and establish a process for representing the views of all the residents.
It shall have the opportunity to meet without staff present, yet at least monthly
with the administrator to make recommendations concerning facility policies. These
issues must be responded to in writing by the next meeting. Minutes of council meetings
shall be available to residents. The council may present grievances to the grievance
committee on behalf of residents.
YOU HAVE THE RESPONSIBILITY TO RESPECT REASONABLE FACILITY RULES AND THE RIGHTS
OF OTHERS
This is a condensed version of state and federal law and regulations.