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In 1981, Consumer Voice—a nonprofit, membership advocacy organization—persuaded congress to designate a day to celebrate the rights of residents in long term care facilities and that tradition has expanded to designate October as Residents’ Rights Month. Residents in nursing homes or other long-term care facilities have the right to self-determination and to use their voice to make their own choices. This year’s theme, Stand with Me, highlights the importance of solidarity and support for residents who stand up and advocate for their rights, as well as the value of encouraging the community to join residents in sharing their voices.
KNOW YOUR RIGHTS AND THE RIGHTS OF YOUR LOVED ONES
- You must receive equal treatment regardless of sex, race, creed, nationality, or payment method.
- You have the right to be treated with consideration, respect, and dignity.
- You have the right to help plan your own medical care.
- You have the right to be free from chemical or physical restraints, and from mental or physical abuse.
- You have the right to manage your own money.
- You have the right not to be transferred or discharged without cause or notice.
- You have the right to discuss problems with staff without fear of retaliation.
- Your rights are protected by state and federal law.
ADVOCATING FOR CHANGE IN A NURSING FACILITY
Sometimes long-term care residents find themselves in situations where their rights are being violated and their needs are not being met. If things go wrong, there are specific actions you can and should take to try and change the situation within your facility.
• Discuss the problem with nursing home staff and the administration. Start with the staff member directly involved. If that is not successful, work your way up the nursing home hierarchy: staff supervisor, department head, administrator, facility owner/board of directors.
• Raise your concerns at your next care plan meeting or request a special care plan meeting. The care plan meeting is an opportunity to share your concerns with staff, talk about what can be done, and develop a solution. Ask which staff person you should follow up with if the problems continue.
• Use the facility grievance process. A grievance process is a formal way to raise a problem or complaint. Every nursing facility is required to have a grievance process. Ask for a copy of the facility’s grievance policy and follow the process to file a complaint or concern. The facility must work to resolve the problem promptly. You must receive a written response telling you what was done to investigate the complaint, the findings, whether the complaint was confirmed, and any action the facility has taken, or actions they will take to correct the problem.
• Raise your concerns with the resident or family council. Resident and family councils can be an effective resource for maintaining a consumer voice in the facility and for addressing facility-wide concerns with administrators. If your facility does not have one, consider starting one.
• Contact the Long-Term Care Ombudsman Program. The Ombudsman program advocates for residents and can help resolve concerns. If you have any questions or concerns about your facility or the way you are being treated, contact the Program Director at (508) 394-4630 or 1-800-244-4630. All Calls are Confidential.
• File a complaint with the State Survey Agency. This agency is responsible for overseeing nursing homes and investigating complaints. You can file complaints anonymously if you prefer, and you can reach out to your Long-Term Care Ombudsman program for assistance.
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