Moving an aging parent or loved one into a nursing home can be a difficult and stressful time. You’re likely anxious to get mom or dad finally settled. Before you get ready to sign those admissions papers, though, watch out for mandatory nursing home arbitration clauses hidden within all the fine print. Otherwise, you may not even realize it’s there and sign away your right to take the nursing home to court in the event something tragic happens. [Read more…]
Nursing Home Residents Have Rights
Many people incorrectly believe that once seniors enter a nursing home, their freedom is over. In fact, nursing home residents have many rights, and it is important to know those rights and to be able to enforce them.
Nursing home residents’ rights are protected under federal law. In broad terms, nursing homes are required to ensure that every resident be given whatever services are necessary to function at the highest level possible. Here are some of the specific protections that residents have:
- Residents have a right to privacy in all aspects of their care. This means that phone calls and mail should be private, and residents should be able to close doors and windows.
- Residents may bring belongings from home, and nursing home staff members are required to assist residents in protecting those belongings.
- Residents have the right to go to bed and get up when they choose, eat a variety of snacks outside meal times, decide what to wear, choose activities, and decide how to spend their time. The nursing home must offer a choice at main meals, because individual tastes and needs vary.
- Residents have the right to leave the nursing home and belong to any church or social group they choose.
- Residents must be allowed to participate in planning their care.
- Residents have a right to manage their own financial affairs.
- Residents may not be moved to a different room, a different nursing home, a hospital, back home, or anywhere else without advance notice and an opportunity for appeal.
If a disagreement with the nursing home does arise, there are a number of steps you can take to enforce the resident’s rights. The first step is to talk to the nursing home staff directly. This may be all it takes to solve the problem. If that doesn’t work, then you may need to talk to a supervisor or administrator.
If you’re still unable to resolve the issue, the next step is to contact the ombudsperson assigned to the nursing home. He or she may be able to intervene and get an appropriate result. You can find contact information for the Ombudsman Program in your state at: www.ltcombudsman.org/ombudsman.
Additional steps include reporting the nursing home to its licensing agency and hiring a geriatric care manager to intervene. If the direct approach isn’t working, you may need to hire a lawyer to resolve the issue. The last resort is to move the resident to a different facility.
If you feel that your or a family member in a nursing home’s rights have been infringed upon, contact Attorney Kristina Vickstrom today at 508-757-3800.
[photo credit: NursingHomesAbuseBlog.com]
EAEDC Financial Planning for Rest Home Care in Massachusetts
The limited number of subsidized Assisted Living slots has made Rest Homes a viable alternative for many physically and mentally impaired elders in Massachusetts. The care in a Rest Home is greater than that of an Assisted Living facility, but not as encompassing as traditional Nursing Home care. Although Rest Homes are less expensive than Nursing Home care, they are not a long term solution for many families. If financial planning begins early, Emergency Aid to Elders, Disabled and Children (EAEDC) may be an alternative to help you or a loved one cover the costs of continued Rest Home care. [Read more…]
Applying for MassHealth: Is the No-Cost Solution Really “No-Cost”?
Medicaid, or MassHealth as it is referred to in Massachusetts, is an avenue available for funding long-term nursing home care. To qualify, you must meet asset thresholds that many elders exceed. Additionally there are income requirements for MassHealth/Mediciad. Adequate understanding of MassHealth/Medicaid law and proper strategizing is a critical component of any plan for the future. With the proper planning of an elder-law attorney, you can protect your property, spouse, and assets. [Read more…]
What Do You Mean Medicare Won’t Pay for Dad’s Nursing Home Stay?!
A three-day hospitalization often serves as a gateway for a senior citizen’s transition into a skilled care facility. When the patient is discharged to a skilled care facility for occupational, physical, or speech therapy, the patient’s health insurance (Medicare) will continue to finance treatment for up to 100 days per stay (as long as the person continues to benefit from rehab). Medicare coverage ultimately ends, and when it does, the patient must pay from income, savings, long-term care insurance, Medicaid, or a combination of these resources. [Read more…]
Antipsychotic Drug Use for Dementia Should be Closely Monitored by Doctors & Family Members
Are you a family member or guardian of someone that suffers from dementia? Is s/he living in a nursing home? Do you know what medications s/he is taking? Do you know what the dosages are? When was the last time those medications were reevaluated to determine if they are helping in any way, or if they are even necessary? These are all important questions to keep in mind and to continue asking the administrators of the nursing home and the physicians who care for your loved one. [Read more…]
