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Over and above rights which exist under federal law, Georgia has a law called the Nursing Home Residents' Bill of Rights. This law gives to each nursing home resident a right to:
- Exercise his or her civil and property rights, like voting, making a will, managing his or her personal affairs and finances, practicing his or her religion, and meeting and associating with people of his or her choice.
- Know in detail what his or her medical condition is, what treatments are possible, and what the side effects and risks of each treatment are.
- Receive care, treatment, and services adequate and appropriate for his or her condition.
- Choose among different forms of treatment, participate in a care and treatment plan, refuse treatment by a particular doctor and request a different doctor, or refuse treatment altogether.
- Object to an involuntary discharge or transfer from the home and have 30 days advance, written notice of an involuntary discharge or transfer.
- Be given 15 days advance, written notice of a proposed involuntary transfer to another bed in the same nursing home.
- Read all printed forms he or she is asked to sign.
- Be treated with dignity and respect, and be free from any physical or chemical restraint or any form of isolation used for convenience or discipline.
- Have restraints used only to protect the resident from immediate injury to himself or herself or others, only with prior examination and authorization by a doctor, and only for a specified time period.
- Be examined in private and have privacy for personal visits, telephone calls, writing and reading of mail, dressing, bathing, and using the toilet.
- Visit privately with the resident's spouse and share a room with the spouse if both are residents and space permits.
- Have medical records kept confidential.
- Refuse to be used as a subject for teaching or research purposes.
- Use tobacco and consume alcoholic beverages (with certain limits).
- Wake up and go to sleep at times of his or her choice.
- Enter and leave the home as he or she chooses.
- Keep and use personal belongings as space permits.
- Have visitation hours for at least 12 straight hours per day.
- Inspect and receive a copy of his or her medical reports.
- Choose his or her pharmacy.
- Voluntarily discharge himself or herself.
- Voice grievances and participate in a voluntary residents' council. (Families may participate in a voluntary family council as well.)
- Know when a staff member enters the resident's room, unless he or she is asleep or there is an emergency situation.
- Be permitted to manage his or her own financial affairs.
- Have any funds over $150 kept in an interest-bearing account insured by agencies of, or corporations chartered by, the state or federal government.
- In the event of the resident's involuntary discharge or transfer from the nursing home, have help in finding an appropriate, alternative place to live.
ENFORCING A NURSING HOME RESIDENT'S RIGHTS
To enforce his or her rights, a nursing home resident has the choices described below:
1. The nursing home must have a grievance procedure that the resident may use or a residents' council that the resident may consult.
2. The resident has the right to make an oral or written complaint to the nursing home administrator, who must respond within 3 business days.
3. The resident, or another concerned person, may contact the Long-term Care Ombudsmen program for the county in which the home is located. A Long-term Care Ombudsman will investigate the problem and will try to resolve it for the resident. To contact the Georgia Long-term Care Ombudsman program, call 1-888-454-5826 or (404) 463-8383.
4. The resident has the right to an informal hearing in the nursing home before an impartial hearing officer when the resident's rights have been violated. The Long-term Care Ombudsman Program can provide additional information.
5. If the problem has not been resolved, the resident should file a complaint with the ORS by calling 1-800-878-6442. The ORS may cite the nursing home for being out of compliance with its licensing requirements. The result may be sanctions against the home, like limitations on its admissions.
6. The resident has the right to a formal hearing held at the Office of State Administrative Hearings before an administrative law judge. The resident (or his or her representative) must file a request for this hearing with the Georgia Department of Human Resources, Office of Legal Services, 2 Peachtree St. N.W., 29th Floor, Atlanta, Ga. 30303, or by calling (404) 656-4344. The resident may have anyone he or she chooses, including a lawyer, represent the resident at a hearing. It is recommended that the resident contact a lawyer or a legal services program for help with a hearing.
7. The resident may file an action in court. A contract exists between a nursing home and a resident, which the resident can enforce in court. Also, because the nursing home provides care to its residents, it can be liable in a damage suit for its failure to do so. Finally, the home may be liable for injuries to a resident intentionally caused by employees of the home. However, if there has been a violation of the Nursing Home Residents' Bill of Rights, the resident may, but is not required to, request a hearing, as described in item 6 above, before filing an action in court.
8. In the case of an assault, battery, theft or violation of the Georgia Health Code, the resident may seek criminal penalties.
To obtain the booklet "Long-Term Care Facilities: Residents' Bill of Rights," which lists the rights described above, contact the Standards and Licensure Section, Office of Regulatory Services, Georgia Department of Human Resources, 2 Peachtree Street, N.E., 31st Floor, Atlanta, Georgia 30303 or call (404) 657-5850. There is a small charge for the booklet.
© 2004, Law Office of David L. McGuffey, LLC
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