The federal and state government dictates that nursing home residents have certain rights facilities must adhere to by law. These regulations are designed to protect residents from being abused or neglected.
If your loved one’s rights have been violated, contact the North Carolina nursing home abuse lawyers at Henson Fuerst today. We can help make sure your family member receives the care he or she needs. Call (919) 781-1107 or complete a free initial consultation form.
Your Loved One’s Rights
By law, nursing home facilities must adhere to North Carolina’s Bill of Rights for Nursing Home Residents:
- The Right to Be Informed
Upon admittance to the home, residents have the right to be informed about nursing home policies and about their personal rights. Residents’ rights and policies must also be posted in a visible area for all residents to see.
- The Right to Receive Adequate Care
Residents have the right to receive treatment, care, and services that are adequate, appropriate, and in compliance with state and federal laws and regulations.
- The Right to Choose a Physician
Residents have the right to choose their own physicians and pharmacies. They do not have to use the nursing home’s physicians or pharmacies.
- The Right to Be Informed About Medical Conditions
Residents have the right to be fully informed of their medical conditions, unless their physician believes it is not in the patient’s best interest.
- The Right to Participate in the Plan of Care
Residents must be given the opportunity to participate in the planning of their own medical treatment, including the right to refuse treatment.
- The Right to Be Free from Abuse and Restraints
Residents have the right to be free from mental and physical abuse, physical restraints, and sedation. Only a physician can authorize a restraint, and this can happen only when there is a threat of injury.
- The Right to Privacy, Dignity, and Respect
Residents have the right to be treated with consideration, respect, and full recognition of their dignity and individuality, including privacy in treatment and in care of their personal needs. They also have the right to privacy in their rooms, where possible.
- The Right to Manage Personal Finances
Residents have the right to either manage their own funds or authorize someone else to manage them. If residents authorize the nursing home to handle their funds, they have additional rights:
- To know the whereabouts of their funds and account numbers
- To receive written accounting statements every three months
- To receive receipts for any funds spent
- To have access to their funds within seven banking days
- The Right to See Visitors
Residents have the following rights regarding visitation:
- Residents may receive any visitor of their choosing, may refuse visitors permission to enter their rooms, and may end a visit at any time.
- Residents have the right to immediate access by family and reasonable access bt others.
- The visiting hours must be posted in a public place and residents must be permitted eight visiting hours per day.
- Members of community organizations and legal services may enter any nursing home during visiting hours.
- Communication between residents and visitors is confidential.
- Visitors may help residents claim their rights and benefits through individual assistance, counseling, organizational activity, legal action, or other forms of representation.
- The Right to Confidentiality
Residents have the right to confidentiality of personal medical records and the right to access those records within 24 hours after a request.
- The Right to Be Made Aware of Services and Charges
Residents have the right to be made aware of the nursing home’s services and of the charges related to those services. This includes charges for services not covered by the facility’s fee, Medicare, or Medicaid.
- The Right to Voice Grievance Without Retaliation
Residents have the right to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of their choice without fear of coercion, discrimination, or reprisal.
- The Right to Organize and Participate in Groups
Residents have the right to organize and participate in resident groups within the nursing home. Residents’ families also have the right to gather in the facility with families of other residents.
- The Right to Participate in Social, Religious, and Community Activities
Residents have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the nursing home.
- The Right to Examine Reviews
Residents have the right to examine the results of the most recent review of the nursing home. The federal government requires nursing homes to be reviewed once every 15 months. If the North Carolina Department of Health and Human Services gives administers a revocation of license or a provisional license due to a violation of licensure regulations, all residents must be notified within 10 days.
- The Right to Remain in the Nursing Home
Residents may only be discharged or transferred for medical reasons, for their welfare, or for the welfare of other residents. They must be provided with a written, 30-day notification of the transfer or discharge.
- The Right to Personal Items
Residents have the right to retain, secure storage for, and to use personal possessions and clothing, where reasonable.
- The Right to Refrain from Work
Residents are not required to perform services for the facility without personal consent and written approval of the attending physician.
- The Right to Receive Response from Requests
Residents have the right to receive a reasonable and timely response to all requests they submit to facility administrators.
If you have any questions regarding your loved one’s rights, contact the experienced North Carolina nursing home abuse attorneys at Henson Fuerst today at (919) 781-1107 or complete a free initial consultation form now.