Specific laws protect patients’ rights in nursing homes. They ensure patients receive the care and respect they deserve. These regulations safeguard residents’ well-being and they also provide a framework for addressing concerns or violations.
Right to quality care
One fundamental right is the privilege of quality care under the Federal Nursing Home Reform Act (OBRA 1987). This law entitles nursing home residents to services that maintain or improve their health and well-being. Quality care includes:
- Access to proper medical treatment
- Assistance with daily activities
- A safe and clean living environment
Nursing homes must also provide adequate staffing to ensure all residents receive the attention and care they need.
Right to dignity and respect
New York Public Health Law § 2803-c emphasizes treating nursing home residents with dignity and respect. Residents have the right to decide about their care. These decisions include choosing their doctors, participating in care planning, and refusing treatment if they wish. The law protects patients from abuse, neglect, or discrimination. Nursing homes must create an environment that respects each resident’s individuality and personal choices.
Right to privacy and confidentiality
Under HIPAA, nursing home residents have the right to privacy and confidentiality regarding their medical records and personal information. This ensures their health information is secure and only shared with authorized individuals. Additionally, residents have the right to private communication with family members, friends, and advocates in person and through phone calls or letters.
Right to voice grievances
New York State Department of Health Regulations (Title 10 NYCRR Part 415) protects residents’ rights to voice grievances without fear of retaliation. Residents can file complaints with the nursing home administration or state regulatory agencies, and the law ensures that these complaints are taken seriously and addressed promptly.
Protection for residents
Knowing your rights when dealing with nursing homes is important. These protections help create a safer and more supportive environment for those living in nursing homes.