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Issue 2, April 2007 CAREGIVER HELPLINE - Advocating for Long-Term Care Residents You can take steps to watch over a loved one in a nursing home, assisted living or independant living facility. Nursing homes are required to honor residents' rights.
If you feel your loved one is not being properly cared for and you are a Life Care Planning client of ours, we will advocate on your loved one's behalf. Pennsylvania's
Ombudsman Program is also designed to help resolve complaints involving long-term care services. You can reach the ombudsman for your area through your local Area Agency
on Aging. Pennsylvania Department of Aging Bucks - Bucks County Area Agency on Aging - (215)348-0510 Chester - Chester County Department of Aging Services - (800)692-1100 Delaware - Horizons Unlimited G.E.C. - (610)566-6248 Montgomery - Montgomery County Human Services Center - (610)278-3600 Philadelphia - CARIE - (800)356-3606 / (215)545-5724 Philadelphia - Long Term Care Connection (NIM) - (215)843-0304 Frequently Asked Questions What is an Ombudsman? Ombudsman is Swedish for "citizen representative". Long-term care ombudsmen make themselves available to take a message of concern forward and help to resolve it on behalf of care-dependent elderly. Ombudsmen are client driven and client directed. As the consumer's advocate, they act on the wishes of the client.
How can an ombudsman help me? The ombudsman investigates and seeks to resolve complaints made by or on behalf of older individuals who are consumers of long-term care. These complaints normally are related to actions or decisions, which may adversely affect the health, safety, welfare or rights of older consumers. Consumers of long-term care, institutional and non-institutional, are encouraged to attempt self-resolution of complaints prior to requesting assistance from the local long-term care ombudsman. What is the ombudsman's target population? The following persons utilize ombudsman services:
Will my complaint be kept confidential? All ombudsman information collected and/or maintained by the Office of the State Ombudsman and its representatives is considered to be confidential. The identity of a complaintant or older individual, who is a consumer of a long-term care service, will not be disclosed without the written consent of such complaintant or older individual; or the individual's legal representative; or the complaintant/older individual gives consent orally and such consent is documented in writing by an ombudsman; or the disclosure is required by Court order. What kinds of issues are handled? Ombudsmen handle:questions and concerns about the rights of older consumers receiving long-term care or treatment from a long-term care service provider; appeals regarding transfers, discharges, discontinuance or changes in services; and billing and charges, including those covered by Medicare and Medicaid. What other services are avialable through the Office of the State Long-term Care Ombudsman? In addition to specific questions about the statewide Ombudsman Program, the Office of the State Long-term Care Ombudsman can also offer information regarding advance directives, resident rights and selecting long-term care in Pennsylvania. How can I contact an ombudsman in another state?
Where can I get more information about regulations in nursing homes and personal care homes (which includes assisted living facilities)?
Your Rights as a Nursing Home Resident State and federal laws give rights to nursing home residents in Pennsylvania. The right to be informed in writing of your rights and the policies and the procedures of the facility The nursing home must have written policies about your rights and responsibilities as a resident. You must sign a statement saying that you have received and understand these rights and the home's rules when you are admitted. The right to know about services and charges You must be informed, in writing by the home, of all services available and the charges for those services. The right to know about your medical condition You must be informed about your medical condition and of any changes. The right to participate in your plan of care, including the right to refuse treatment The nursing home must develope a plan of care for you. You must be given the opportunity to participate in the planing of your care and treatment. The right to choose your own physician and to use the pharmacy of your choice You do not have to use the nursing home's physician or pharmacy. The right to have your personal and medical records treated as confidential Your written consent is needed to release information from your record to anyone who is not authorized by law to see it. The right to manage your own personal finances You can either manage your own funds or authorize someone else to manage them for you. If you authorize the home to handle your funds, you have the right to:
The right to privacy and to be treated with dignity and respect The right to privacy takes many forms. You are free to communicate and meet privately with anyone, including family and resident groups. Your mail should arrive unopened, unless you request otherwise. You should be treated with courtesy and privacy for personal needs like bathing and toileting. Curtains should be used when you are being bathed or dressed. Bathroom doors should be closed while in use. No one should enter your room without knocking first. The right to use your own clothing and possessions the amount and kind of possessions depends upon the available space and whether other residents' rights would be violated. The right to be free from mental, physical and sexual abuse, exploitation, neglect and involuntary seclusion No one may mistreat, threaten or coerce you in any way. The right to be free from restraints Chemical restraints (drugs) and physical restraints may only be used if ordered by a physician for a limited time in order to protect you or others from injury. The right to voice a grievance without retaliation the nursing home may not take any action against you because you voiced a grievance. The right not to be transferred or discharged, except for medical reasons, your own welfare or that of another resident, non-payment of if the home ceases to operate You must be provided with 30 days advance written notice of the transfer or discharge. The law gives you the RIGHT TO APPEAL your discharge or transfer. Contact your ombudsman about the appeal process and your rights regarding transfers and discharges. The right of access to nursing homes
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