Knowing Your Rights as a Nursing Home Resident, Relative or Friend.

(4/14/08)- More and more nursing homes and assisted living facilities are requiring potential residents to sign compulsory arbitration clauses into their contracts before accepting them. They claim that this type of clause is necessary because exorbitant punitive damage awards in the court system are bringing them to the brink of bankruptcy.

Senator Mel Martinez (Rep.-Fl) and Senator Herb Kohl (Dem.-Wis.) have introduced legislation in the Senate to effectively ban nursing homes from using agreements that compel arbitration in advance.

"It is an unfair practice given the unequal bargaining position between someone desperate to find a place for their loved ones and a large corporate entity like a nursing home." said Senator Martinez.

The largest arbitration provider, the American Arbitration Association, frowns on agreements requiring arbitration in nursing-home care dispute cases, and generally refuses to get involved in them. A second group, the American Health Lawyers Association, also generally avoids them.

(9/26/04)- As a nursing home resident, or as the relative or friend of a nursing home resident, it is quite important for you to know what your rights are. Although the question may never arise you should always be prepared to prevent any misunderstanding between yourself and the nursing home.

As a Medicare or Medicaid beneficiary applying for admission to a nursing home you can not be required to pay a cash deposit as a condition of admission. The home may require that you pay coinsurance amounts or any other extraneous charges as they become due but only as they become due.

Federal Law prohibits the nursing home from using physical or chemical restraints on residents for discipline or for the convenience of the staff of the home. Restraints can be used only when necessary to treat medical symptoms or to ensure the safety of other nursing home residents.

If you have a complaint in regards to these or any other matter in connection with a nursing home go to the CMS web site http://www.cms.hhs.gov) to find your State's survey agency to register your complaint.

After being admitted to a nursing home you are entitled to the following rights:

• The nursing home must post and provide new residents with a statement that details each resident's rights.
• You have the right to be treated with dignity and respect.
• The nursing home must inform you, in writing, about its services and fees before you enter the home.
• You have the right to manage your own money or to designate someone you trust to do it for you.
• You have the right to privacy.
• You have the right to draw up advance directives or to make your own medical decisions.
• You have the right to spend some private time with any visitors of your choice at any reasonable hours. Included in this right is the right to make and receive private telephone calls. If you desire to be visited by your own family doctor, at a reasonable hour you may do so.
• You have the right to be informed about your medical condition, medications and to participate in your plan of care.
• The nursing home must provide each resident with social services, including counseling, mediation of disputes with other residents, assistance in contacting legal and financial professionals, and discharge planning.

As a relative or friend of a nursing home resident you have rights that must be adhered to also. You have the right to meet privately with the resident if requested to do so by the resident. You also have the right to meet with the families of the other residents of the home. If the home has a family or friends organization you must have the right to join it if you so desire, and you must also have the right to address that organization as well.

All nursing homes must develop a plan of care for every resident. You as a family member can have the right to assist in the preparation of that plan if the resident gives you that permission. The legal guardian of the resident also has the right to examine all medical records of the resident. You have the right to complain to the medical or administrative staff whenever you see something that you feel is improper in the treatment or care of the resident.

If you feel that you have a complaint that is not being properly addressed there are governmental agencies available to you for you to complain to. If you have a nursing home complaint in NYC call 1-800-425-0316; Nassau-Suffolk call 1-800-425-0323. Keep in mind that the Centers for Medicare and Medicaid Services is the Federal government's overseer of Nursing Homes in the United States. Their telephone number is 1-800-638-6833.

You must remember that living in a nursing home means that you will have to adjust to a different set of circumstances than living in your own home. It does not mean however that you have surrendered all your rights to having an enjoyable a stay as possible in the home.

New York State Ombudsman
Information on nursing home complaints that have been resolved at a lower level than those reported to licensing can be obtained. The ombudsman tries to resolve the concerns at the lowest level, therefore these would not be shown on the Medicare nursing home surveys for example.
www.ombudsman.state.ny.us

Martha Haase, State LTC Ombudsman, NY State Office for the Aging
(518) 474-7329
Thanks to Linda Kelly for emailing this one in to us.

FOR AN INFORMATIVE AND PERSONAL ARTICLE ON PRACTICAL SUGGESTIONS WHEN SELECTING A NURSING HOME SEE OUR ARTICLE
"How to Select a Nursing Home"

Allan Rubin
updated April 14, 2008

http://www.therubins.com

To e-mail: hrubin12@nyc.rr.com or rubin@brainlink.com

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