Understanding Rights of Residents in Long Term Care Facilities

Long term care facility residents are, by State and Federal law, guaranteed certain rights, protections and privileges. Title 42 Code of Federal Regulations §483.10 states that residents of long term care facilities are entitled, by law, to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility.  Title 42 Code of Federal Regulations §483.10(a)(2) entitles nursing home residents to be free of interference, coercion, discrimination, and reprisal from nursing home facilities in exercising their own rights.  Unfortunately, these rights are frequently disregarded by staff and facility directors.  Understanding the rights of your loved one is the first step towards protecting these rights and their safety.

Because nursing home care requires constant communication between and among nurses and doctors, abusive behavior often goes unnoticed.  A nurse or CNA who is assigned to bathe 10 residents may only take the time to bathe 5 residents, and, when his or her shift is over, leave the remaining 5 for the next nurse to bathe.  If the next nurse or CNA is not aware of this responsibility, those remaining 5 residents are left without proper hygienic care indefinitely.  This lack of communication happens frequently, without consequences, and at the expense of a resident’s dignity.  Many staff members of nursing home facilities will dismiss a residents’ right to self-determination.  A staff member may decide to place a call light out of reach of a resident, who requires constant supervision, so that the resident does not interrupt a lunch break.  As a result, that resident has been stripped of the right to determine his or her daily activities.  Without access to the call light, the resident cannot ask for water, a pillow, assistance to the restroom, to participate in social activities, etc. A resident's voice is left unheard.

Being educated about the rights of your loved one is one way to prevent opportunities for abuse and neglect.  Illinois' Long Term Care Ombudsman Program gives advice on how to address concerns about the care a nursing home facility provides.  In addition, the Assisted living Federation of America (http://www.alfa.org/ElderAbuse), the Administration on Aging (http://www.aoa.gov/AoA_programs/Elder_Rights/EA_Prevention/weaad.aspx), and the National Committee for Prevention of Elder Abuse (http://www.preventelderabuse.org/elderabuse/) are committed towards preventing elder abuse, raising awareness, and giving voice to our elder community.