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Rights of Nursing Home Residents
When the federal government passed the Nursing
Home Reform Act of 1987, nursing home residents were guaranteed
certain rights. In Pennsylvania, the Health
Care Facilities Act of 1979 (as amended in 1999) requires nursing
homes to meet these minimum federal requirements. Pennsylvania law also
requires nursing homes to be responsive and adequate to the needs of its
citizens, assure that new health care services and facilities are
efficiently and effectively used, continue to meet high quality
standards, and assure that all residents receive humane, courteous, and
dignified treatment. Under the law, nursing home residents have the
following rights:
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To be free from verbal, mental and physical abuse; corporal
punishment; and involuntary seclusion.
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To be free from restraints
- both chemical
and physical -
except as authorized in writing by a doctor for a specified and
limited time period or when necessary to protect the resident or other
residents from injury.
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To have safe, decent, and clean conditions.
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To be treated with consideration, respect, and full recognition of
dignity and individuality, including privacy in treatment and care of
personal needs.
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To be fully informed by a doctor of his or her medical condition,
unless the doctor decides that informing the patient would be against
the patient's best interests, and to participate in the planning of
medical treatment.
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To refuse medical treatment as permitted by law and to be informed of
the consequences of refusing medical treatment.
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To refuse to participate in experimental research.
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To have personal medical records treated in strict confidence.
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To have established daily visiting hours.
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To have visitation by an ombudsman,
personal physician, family members, and all individuals that provide
health, social, legal, or other services who wish to visit.
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To retain personal possessions and clothing as space permits, so long
as doing so would not complicate a medical condition or infringe on
another resident's rights.
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To participate in and meet with social, religious, and community
groups.
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To send and receive personal, unopened mail.
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To associate and communicate privately with other individuals as
desired.
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To manage personal financial affairs or to delegate that task to
another person of the resident's choosing.
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To be fully informed of available services and related charges.
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To be encouraged and assisted to exercise rights as a patient and as a
citizen and to voice grievances and recommend changes in policies and
services to staff members or outside representatives without
interference, coercion, discrimination, or reprisal.
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Not to be required to perform services for the nursing home that are
not included in the resident's plan
of care.
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If married, to be assured of privacy during spousal visits. If both
spouses are residents of the nursing home, to be permitted to share a
room, if medically feasible.
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To be transferred or discharged only for medical reasons, or for the
resident's own welfare or the welfare of other residents, or for
nonpayment (except as prohibited by Medicaid),
and to be given reasonable advance notice of transfer or discharge.
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To be fully informed, as evidenced by a written acknowledgment, prior
to or at the time of admission and during the stay, of all these
rights and all rules and nursing home regulations that govern personal
conduct and responsibilities.
In addition to these rights, click here
to read the Nursing Home Reform Act of 1987 at which specifies
what nursing homes must do to be in compliance with the law.
Put our experience to work for youWhen a loved one as been a victim of nursing home abuse or neglect, you need an experienced law firm that will work hard to protect your loved one's rights. The attorneys at Edgar Snyder & Associates have been helping injury victims and their families for over 25 years. In addition, our highly-rated law firm has represented more than 30,000 injured people and has answered over 350,000 injury-related legal questions. Let us put this experience to work for you. |
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Copyright 2002-2008 NursingHomeAbuseResourceCenter.com is sponsored by the Law Offices of Edgar Snyder & Associates, A Law Firm Representing Injured People. Attorney Edgar Snyder & Associates has offices throughout Western Pennsylvania including locations in: Erie,PA; Johnstown,Penna; Ebensburg, Pennsylvania and Altoona, PA. All of our lawyers are licensed to practice law in the state of Pennsylvania. We also have attorneys licensed to practice law in the states of West Virginia, Ohio, Maryland, New Jersey, and Virginia. Although this website is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, New Jersey, Maryland, and Virginia, if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.
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