What’s your question about nursing homes?

September 29, 2009

Sherry Culp The Richmond Register Tue Sep 29, 2009, 07:20 AM EDT

Question: I was visiting my brother in the nursing home and noticed a yellow book from the ombudsman about residents’ rights near his bedside. We were busy talking and I didn’t take time to look at the book. What are residents’ rights?

Answer: Residents’ rights are part of the Nursing Home Reform Law enacted in 1987 by the U.S. Congress. The law requires nursing homes to promote and protect the rights of each resident and places a strong emphasis on individual dignity and self-determination. The nursing home reform act grants nursing home residents: the right to be fully informed; the right to participate in their own care; the right to make independent choices; the right to privacy and confidentiality, the right to dignity, respect and freedom; the right to security of possessions; rights during transfers and discharges; the right to complain; the right to visits, and many other rights included within these broad categories.

Question: I don’t think my brother exercises his right to complain. When I visit him, he tells me problems he’s having, but then he tells me not to tell anyone. I tried to tell him that he has to tell someone, but he won’t. Why won’t he exercise his right to complain?

Answer: Residents are intimidated by the idea of appearing in any way to criticize the nursing home. Most residents do not even think about their problems and concerns in any context related to their “rights.”

Even residents who are aware of their rights must choose their “battles.” They often endure daily violations of their individuality and dignity because they are dependent on those very people for their care. Residents may face physical, psychological, social and mental disabilities that sometimes make it difficult for them to voice their concerns. This is why ombudsmen work closely with residents to help them understand their rights, provide materials and education about rights and emotionally support residents who are trying to exercise their rights. The ombudsman can always make complaints on behalf of your brother, if he doesn’t feel comfortable expressing them directly to the nursing home staff.

Question: What can the nursing home do to promote and implement residents’ rights?

Answer: The nursing home can educate their staff, residents and their families about rights. The home can incorporate resident participation and self-determination into every aspect of nursing home services as well as utilize the information and wisdom of residents and their representatives to help develop and conduct training programs for staff. The home can build more private rooms for individual residents and public rooms for private use by residents as needed so that residents have the privacy they deserve. Home owners can provide more support to workers, including sufficient staffing ratios, better training and supervision and dignified working conditions.

Question: May I have a copy of residents’ rights to review? If so, where can I get it?

Answer: You can get information about residents’ rights from our Web site, www.ombuddy.org, or by calling our office toll free at 1-877-787-0077 and requesting a copy be mailed to you or by visiting www.nccnhr.org

Question: I heard that October 4-10, 2009 is Residents’ Rights Week. What does that mean?

Answer: Residents’ Rights Week is designated by NCCNHR: The National Consumer’s Voice for Quality Long-Term Care (formerly known as the National Citizens Coalition for Nursing Home Reform), and will highlight the importance of listening to residents who live in our country’s nursing homes, personal care homes and family care homes. Residents’ Rights Week originated in 1981. Several nursing home residents from across the country gathered and decided that a special time should be designated to celebrate residents. After a successful petition drive to persuade Congress, a Congressional Resolution was passed. Residents’ Rights Week is an excellent opportunity to reaffirm our collective commitment to residents’ rights as well as honoring our long-term care residents. We strongly encourage the community to visit residents who continue to be important members of our communities.

This column is presented as a public service of this newspaper and the Nursing Home Ombudsman Agency of the Bluegrass. If you have a question, send it to Sherry Culp, NHOA, 1530 Nicholasville Rd., Lexington, KY, 40503.

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