It can be overwhelming to know what is acceptable and what is not in nursing homes. It is also important to note that several regulations protect the rights of the residents in the nursing home. Here are 8 things nursing homes are not permitted to do:
1. Discrimination Based on Protected Characteristics
It is unlawful for nursing homes to discriminate against residents based on race, color, religion, age, sex, or national origin. This is a federal law aiming to protect the rights of anyone regardless of their color, ethnic background, or race. Discrimination may take various forms, such as denying a person admission, providing a poor quality of health care, or cultivating an environment of hostility due to these characteristics.
If you have any reason to believe there has been any discrimination against you, contact your local long-term care ombudsman and the state department that oversees nursing homes.
2. Unauthorized Management of Residents’ Finances
Nursing homes cannot compel the residents to allow the homes to deal with their money on their behalf. Even if they provide the services of properly managing the financial issues, they have to gain the resident’s written consent. Even when the residents consent, homes can not prepare consolidated financial statements, and access to the residents’ bank accounts and other cash or financial documents must be unrestricted. Residents and their families must regularly inspect balance sheets to minimize misuse by individuals in charge.
3. Abuse and Neglect in a Nursing Home
The federal law provides guidelines that do not allow any form of abuse or neglect of patients in nursing homes. This includes physical, verbal and emotional abuse of the women and children in denial of their necessities like food, cleaning, and medical attention. Employees are directly responsible for the care and protection of all residents regardless of their status and health conditions.
Physical and psychological effects can become lethal. As a result, anyone witnessing or experiencing such abuse or neglect should immediately report this problem to the state survey agency and the local long-term care ombudsman without delay.
4. Involuntary Isolation and Restraints
Nursing homes cannot confine residents without their consent or use restraints unless there is cause to believe that the resident is a danger to self or others. The use of isolation and restraints is only allowed if required and must be included in the client’s care plan. Patients deserve to socialize and nursing homes should not separate them from society or their will and desires. This means that social isolation eventually results in depression and other related ailments, underlining the need to engage in social functions.
5. Administering Unauthorized Medications
Nurses, including other members of staff in nursing homes, cannot give out any drugs not prescribed for the resident. A qualified healthcare professional must administer all meds and should not force the residents to take them. The use of unauthorized medicines, including overmedication, is regarded as abuse and is reportable. The nursing homes should inform the patients about their medicines, their side effects and whether any other better medicine is available.
6. Violation of Privacy
Nursing home patients have legal rights regarding private matters, including their medical records. This includes the right to make private calls, including telephonic and written communications, and privately meet with relatives and friends. No matter how friendly nursing home staff may be, they cannot touch residents without their consent, except in emergencies concerning the residents’ health.
Also, patients can receive confidential medical records and personal information treatment. Privacy violations can greatly affect residents and their families. For this reason, it is important to ensure that nursing homes respect their privacy.
7. Discharging or Transferring Without Consent
Skilled nursing facilities are not allowed to discharge or transfer a resident without the patient’s approval unless certain conditions occur, including the patient showing a medical improvement from the conditions that warranted admission into the facility. Moreover, the nursing home cannot discharge residents for non-payment of rent fees when the delay is due to waiting for Medicaid collections.
Transfer and discharge must include discharging planning assistance and adequate notice and explanation of any transfer or discharge. The residents and their families should educate themselves on their rights to discharge and the opportunity to appeal if they don’t want to be discharged.
8. Failure to Safeguard Personal Property
Nursing homes must take reasonable steps to safeguard residents’ personal property. This includes ensuring that belongings are not lost, stolen, or damaged. Residents have the right to keep and use personal items. The facility must provide a secure environment for their possessions. The nursing home must investigate and take appropriate action if personal property is lost or stolen. Ensuring the security of personal items helps maintain the resident’s sense of identity and comfort.
Final Thoughts
Understanding the rights of nursing home residents and the regulations that protect them is essential for ensuring their safety and well-being. By knowing what nursing homes are not permitted to do, you can better advocate for your loved ones and address any potential issues promptly. Always stay informed and proactive, and don’t hesitate to report any suspected violations to the appropriate authorities.
FAQs
What is the biggest complaint in nursing homes?
The biggest complaint in nursing homes is often related to the quality of care provided. Residents and their families frequently report issues such as neglect, insufficient staffing, and inadequate medical attention. These complaints can manifest in various ways, including untreated bed sores, poor hygiene, and lack of timely assistance with daily activities. Addressing these concerns promptly is crucial to ensure the well-being and dignity of nursing home residents.
How do you know if a Nursing home is good?
Determining if a care home is good involves several key factors:
- Cleanliness and Maintenance: A clean, well-maintained environment indicates good management and attention to detail.
- Staffing Levels: Adequate staffing ensures that residents receive timely and appropriate care.
- Resident Satisfaction: Positive feedback from current residents and their families strongly indicates quality care.
- Inspection Reports: Reviewing state and federal inspection reports can provide insight into the facility’s compliance with regulations and standards.
- Activities and Social Engagement: A good care home offers a variety of activities and encourages social interaction among residents.
- Nutrition and Meals: Balanced, nutritious meals tailored to residents’ needs are essential for their health and well-being.
What is the most common abuse in a nursing home?
The most common form of abuse in nursing homes is neglect. Neglect occurs when residents do not receive adequate care, leading to issues such as dehydration, malnutrition, untreated medical conditions, and poor personal hygiene. Other forms of abuse include physical abuse, emotional abuse, financial exploitation, and sexual abuse. Families and caregivers must be vigilant and report any signs of abuse immediately to protect the health and safety of nursing home residents.
