Residents in long-term care facilities are protected by the Federal government's 1987 Nursing Home Reform Act. This law guarantees the rights of each resident and strongly emphasizes individual dignity and self-determination. Given the recent sweeping changes in our political landscape, I believe it’s important to review the Residents' Bill of Rights. One would assume this law would be one of the last to be altered, but anything is possible with the current instability in Washington. To clarify, I'm not concerned about whether cabinet appointees are Republican, Democrat, or independent; what matters to me is their competency and life experiences.
When an individual is admitted to a long-term care facility, they are required to sign numerous documents. Unfortunately, that stack often includes the Residents' Bill of Rights. I am sure many residents or their responsible parties do not read this bill, nor do the facility staff typically explain it during the admission process. Sometimes, a resident may be unaware that this bill protects them. Additionally, it is the facility's responsibility to provide the bill in any language other than English. How can a resident or their family protect their rights if they are unaware of what those rights are?
Each right detailed in the bill is important, but those that define violations of an individual’s dignity are particularly critical. The bill clearly explains what constitutes abuse and outlines who should be notified if abuse occurs. Importantly, people do not lose their human rights simply because they reside in a long-term care facility.
It's also important to remember a couple of things about rights. A right is something a resident possesses as long as they understand the consequences of their actions. For instance, it is not their right to jump out of a window, but it is their right to refuse dialysis. Furthermore, one person’s rights cannot infringe upon the rights of others.
During these uncertain times, it is vital to uphold the Residents' Rights Bill to maintain the freedom and dignity of residents in long-term care.
Sincerely,
Kathy Heren
You may e-mail me at
Ms. Heren, who has recently retired as the Rhode Island State Long Term Care Ombudsman, leverages her extensive experience to contribute insightful guest blogs on critical issues affecting seniors and long-term care. Her writings in Connelly Law's blog section explore a wide array of topics she encountered in her professional journey, offering readers valuable perspectives and practical advice. It’s important to note that the insights and opinions presented in these blogs are those of Ms. Heren and do not necessarily reflect the views or positions of Attorney RJ Connelly III or any Connelly Law Offices, Ltd. team members. If you have any questions or need further information, please don’t hesitate to contact our office.
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