Nursing Home Patients Bill of Rights

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The Nursing Home Bill of Rights

 Cherry Hill nursing home abuse and lawyers serving South Jersey

Your parents, grandparents, and any resident of a New Jersey nursing home have specific rights that protect each resident’s right to be informed, their finances, their dignity, and their health needs. These rights are protected by federal laws, Medicare and Medicaid, and New Jersey law. These rights are also protected by each resident’s contract with their nursing home. If those rights have been violated, the Cherry Hill nursing home abuse attorneys of Ferrara & Gable are here to help. We advocate on behalf of residents of long-term care facilities throughout South Jersey, and hold negligent parties accountable for wrongdoing. Contact us today to learn more.

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A history of the nursing home “Bill of Rights”

The Nursing Home Reform Act (NHRA) was enacted in 1987. The NHRA is part of the Omnibus Budget & Reconciliation Act of 1987 (OBRA ‘87). The requirements of the NHRA apply to Skilled Nursing Facilities that bill Medicare and nursing home facilities that bill Medicaid. Generally, Medicare pays for short-term nursing home care while Medicaid pays for long-term nursing home care. Nursing homes that fail to comply with the rights created by the NHRA may lose their right to receive payments from Medicare and Medicaid.

The Centers for Medicare and Medicaid Services (CMS) also has their own bill of rights which are generally compatible with the NHRA nursing home rights. We’ll explain which rights are governed by the NHRA and which rights are governed by CMS.

The core federal nursing home rights that Cherry Hill residents are entitled to include the following:

Health care rights

  • The right to play an active role in their health treatment. This right includes discussing with the nursing home and the residents’ physicians the types of care they’ll need, the goals of the care, the length of the care, and any changes to the care plan. Seniors in Cherry Hill should know the various benefits and risks of their various treatments.
  • The right to select their own doctor. This right should include the ability to communicate with their doctor and the right to review why a doctor might not be able to provide necessary healthcare.
  • The right to be free from abuse and neglect. Residents should be protected from physical, sexual, verbal, or mental abuse.
  • The right to be free from restraints. Nursing homes can’t use physical or chemical restraints (drugs) to discipline a resident.
  • The right to medical care. Residents have the right to be informed about their medical conditions, prescription and OTC medications, vitamins, and supplements. They have the right to make decisions about their care. Nursing homes are required to develop individual care plans. Residents should also be able to access their medical.
  • The right to create health care proxies, power of attorney, and living wills.

Personal rights

  • The right to be treated with respect. Residents have the right to make their own schedules and participate in activities of their choice. For example, residents have the right to decide when they go to bed and when they eat their meals.
  • The right to participate in activities. These include activities that meet your needs and the needs of other residents.
  • The right to be free from discrimination. Nursing homes must comply with the applicable civil rights laws. Discrimination based on race, color, national origin, disability, age, or religion is not permissible.
  • The right to privacy, property, and living arrangements. These rights include keeping and using personal belongings that don’t affect the rights of others, private visits, making and receiving phone calls, and privacy when sending and receiving mail. Residents should be able to share a room with their spouse both live in the same nursing home and both agree.
  • The right to obtain social services. These services may include counseling, legal and financial professionals, and help resolving problems with other residents.
  • The right to leave the nursing home – if the resident’s doctor agrees. Many residents will want to spend time with their families away from a Cherry Hill nursing home.

Financial rights

  • The right to be informed about nursing home services and fees. This information should be provided in writing.
  • The right to manage their money – or assign someone to manage their money. The nursing home must provide residents with access to their cash, bank accounts, and other financial records.

Grievance rights

  • The right to report violations of protected rights and file grievances. Cherry Hill nursing homes can file complaints to the nursing home, their family, the New Jersey long-term care ombudsman, and their lawyers. Complaints should be addressed promptly.
  • The right to notify representatives. Representatives include the resident’s lawyer, doctors, and family members. Representatives can help with the assertion of a resident’s rights, the rights of a resident who is involved in an accident, a resident’s health, if the resident has a life-threatening medical condition, or the nursing home wants to transfer or discharge a resident.

What rights do Cherry Hill nursing home residents have in New Jersey?

New Jersey also provides the following rights for nursing home residents and other healthcare residents:

How can Cherry Hill nursing home residents assert their rights?

New Jersey nursing home residents can file complaints with the New Jersey Long-Term Care Ombudsman. This state agency will review whether a resident’s nursing home rights were violated by investigating and responding to complaints. This office works to resolve complaints.

If the New Jersey Long-Term Care Ombudsman cannot resolve your complaint, our experienced and respected Cherry Hill nursing home Bill of Rights lawyer will assert your rights through the local courts. Please contact us as soon as any right is violated. We’ll review your claim, help you notify the state ombudsman’s office, and assert your rights if your complaint can’t be resolved.

Can your Cherry Hill nursing home attorneys help if my loved one’s rights were violated?

At Ferrara & Gable, our Cherry Hill nursing home bill of rights attorneys file several types of claims depending on which rights were violated. These claims include:

We seek compensation for any physical, financial, or emotional harm. In addition, we may request that the nursing home honor the resident’s rights and implement appropriate procedures to respect all the residents. The possible consequences may even include replacing the management of the Cherry Hill nursing home, closing the nursing home, and an assessment of civil penalties.

Do you have a Cherry Hill nursing home abuse attorney near me?

Ferrara & Gable meets nursing home residents and families at our office located at 601 Longwood Avenue in Cherry Hill, NJ. There’s nearby parking. You can reach us by the Rt. 38 bus. We also schedule phone conversations and video consultations when necessary.

We’ll answer all your questions, explain your rights, and fight to preserve your rights and compensate your for your damages.

Learn more about the rights of South Jersey nursing home residents

Nursing home residents should enjoy their senior years with friends, family, and the residents of their homes. They should be able to focus on satisfying their curiosities and reliving their memories. When nursing homes fail to respect the rights of residents, they violate the resident’s dignity, respect, and quality of life. At Ferrara & Gable, our Cherry Hill nursing home abuse lawyers fight to protect and restore the resident’s quality of life. To assert your rights, call us or contact us today to schedule a free consultation.