WORKING FOR QUALITY CARE FOR VIRGINIA'S NURSING HOME RESIDENTS
Nursing Home Residents' Bill of Rights
All facilities must insure and protect the rights of every resident and provide a clean, healthy, attractive environment. Residents are entitled to treatment regardless of race, color, religion, national origin, ability to pay, or source of payment. Every resident has the right to request the name and function of all individuals providing them service and the identification of other health care facilities, nursing homes, hospitals, and other institutions that may provide them with services.
Bill of Rights
Under federal regulations, all nursing homes are required by law to have written policies called the Nursing Home Residents' Bill of Rights which describe the rights of the residents. Nursing homes are required by law to make these policies available to any resident who requests them.
The Nursing Home Residents' Bill of Rights should include and define (but not be limited to) the following rights:
The Right to be Informed of Your Rights and the Policies of the Home
The nursing home must have written policies about your rights and responsibilities as a resident. You must sign a statement saying that you have received and understood these rights and the rules of the home when you are admitted. As a resident, you have the right to be fully informed before or at admission of your rights and responsibilities as a resident and to be notified of any changes or amendments to those rights and responsibilities.
The Right to be Informed about the Facility's Services and Charges
Every resident has the right to be fully informed of the services available in the facility and of the charges related to those services. These charges include services not covered under Medicare or Medicaid and charges that are not covered in the facility's basic rate.
The Right to be Informed about Your Medical Condition and Treatment
Every resident has the right to receive medical care, nursing care, rehabilitative and restorative therapies, and personal hygiene in a safe, clean environment. Also, residents have the right to be fully informed of his/her medical condition unless the physician indicates in the medical records that it is not in the best interest of the patient to be told. Residents have the
right to be advised by a physician or appropriate professional staff of alternative courses of care and treatments and their consequences.
The Right to Participate in Planning Your Care and Medical Treatment
Residents must be given the opportunity to participate in the planning of their medical treatment. Residents have the right to refuse treatment and to refuse to participate in experimental research.
The Right to Choose Your Own Physician
Every resident has the right to choose his/her own physician and pharmacy. Residents do not have to use the nursing home's physician or pharmacy.
The Right to Manage One’s Own Personal Finances
Residents have the option to manage their funds or to authorize someone else to manage them. If someone else is authorized to handle a resident's funds, the resident has the right to:
Know where the funds are and the account number(s)
Receive a written accounting statement every 3 months
Receive a receipt for any funds spent
Have access to his/her funds within 7 banking days
The Right to Privacy, Dignity, and Respect
Every resident has the right to be treated with consideration, respect, and dignity in full recognition of his/her individuality. This includes privacy during medical treatment and care of personal needs. People not involved in the care of the resident should not be present during examinations and treatment without consent from the resident.
The Right to Personal Possessions
Every resident has the right to retain and use his/her personal clothing and possessions as space permits, unless doing so infringes upon the rights of other residents or constitutes a safety hazard.
The Right to be Free from Abuse and Restraints
Residents have the rights to be free from mental (humiliation, harassment, and threats of punishment or deprivation) and physical (corporal punishment and the use of restraints as punishment) abuse.
Residents also have the right to be free from chemical and physical restraints unless authorized in writing by a physician for a specified and limited time period or when necessary to protect the patient from injury to him/herself or to others.
The Right to Voice Grievance without Retaliation
Every resident should be encouraged and assisted to exercise his/her right to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of his/her choice without fear of coercion, discrimination, or reprisal.
The Right to be Discharged or Transferred Only for Medical Reasons
Residents may only be discharged or transferred for medical reasons or for his/her welfare or that of other residents. Residents must be provided with a written notice 30 days prior to transfer or discharge. The law provides residents the right to appeal discharge or transfer.
The Rights of Access
Residents may receive any visitor of their choice and may refuse visitors to enter their room or may end a visit at any time. Residents have the right to immediate access by family and reasonable access to others. Visiting hours must be at least 8 hours and be posted in a public place. Members of community organizations and legal services may enter any nursing home during visiting hours.
Communication between the resident and visitor are confidential. Visitors may talk to all residents and offer them personal, social, and legal services. Visitors may help residents claim their rights and benefits through individual assistance, counseling, organizational activity, legal action, or other forms of representation.
