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Know. your Rights. Residents Rights in Nursing Homes, Assisted Living and Residential Care Facilities

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Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise These rights must be posted. A copy must be provided to you and to your

personally–selected or court-appointed representative. Violation of any of these

Rights

You have the right

respectful care and treatment and the right to reside and to receive services with reasonable accommodation of your individual needs and preferences, except if your health or safety or that of other residents would be endangered.

for a specified period of time. You or your representative must be consulted, and you have the right to refuse.

Federal law provides additional

Federal law provides additional

Federal law provides additional

Federal law provides additional

protections for all residents

protections for all residents

protections for all residents

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Immediate access to the resident

Immediate access to the resident

Immediate access to the resident

Immediate access to the resident

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

to receive courteous and

respectful care and treatment and the right to reside and to receive services with reasonable accommodation of your individual needs and preferences, except if your health or safety or that of other residents would be endangered.

Respectful treatment

You are entitled to be free from mental

and physical abuse, corporal punishment, involuntary seclusion, and from any physical or chemical restraints used for discipline or convenience of staff and not required to treat your medical symptoms. Restraints may be authorized in writing by a physician for a specified period of time. You or your representative must be consulted, and you have the right to refuse.

Abuse and restraints

You have the right to have private

communications, including telephone conversations, visits and consultations with a physician or attorney, meetings with family and resident groups, and meetings with any other person or persons of your choice. You have the right to send and promptly receive unopened personal mail.

Private communication

Federal law provides additional

protections for all residents

in nursing homes certified for

Medicare or Medicaid.

Immediate access to the resident

is required by federal law,

subject to refusal by the resident.

OKDHS Pub. No. 86-58 Revised 09/2009 This publication is authorized by the Human Services Commission in accordance with state and federal regulations and printed by the Oklahoma Department of Human Services at a cost of $1000.00 for 5000 copies. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries. DHS offices may request copies on ADM-9 electronic supply orders. Members of

Records Center at (405) 962-1721 or 1-877-283-4113 (toll free).the public may obtain copies by contacting the OKDHS For more information, contact your

Long-Term Care Ombudsman at the nearest

Area Agency on Aging: Toll Free: 1-800-211-2116

or

the Office of

the State Long-Term Care Ombudsman Aging Services Division

2401 N.W. 23rd St., Suite 40 Oklahoma City, OK 73107

or call (405) 521-6734

www.okdhs.org Click on older personsolder persons

Nursing homes, assisted living and residential care facilities must respect residents’ rights. State law requires these facilities to assist and encourage you to exercise your rights. Administrators must train staff in these rights.

These rights must be posted. A copy must be provided to you and to your personally–selected or court-appointed representative. Violation of any of these rights and threats to violate these rights are crimes punishable by fine and/or imprisonment. The injured party may also sue the violator.

Long-Term care Ombudsman Program

You have the right to make independent

personal decisions and to be informed of available choices.

You have the right to participate in

social, religious and community activities that do not interfere with the rights of other residents in the facility.

Civil and religious liberties

You have the right

AGING ServIceS DIvISION

Know

your

Rights

Residents’ Rights in

Nursing Homes,

Assisted Living and

Residential Care Facilities

(2)

Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise These rights must be posted. A copy must be provided to you and to your

personally–selected or court-appointed representative. Violation of any of these

Rights

You have the right

respectful care and treatment and the right to reside and to receive services with reasonable accommodation of your individual needs and preferences, except if your health or safety or that of other residents would be endangered.

for a specified period of time. You or your representative must be consulted, and you have the right to refuse.

Federal law provides additional

Federal law provides additional

Federal law provides additional

Federal law provides additional

protections for all residents

protections for all residents

protections for all residents

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Immediate access to the resident

Immediate access to the resident

Immediate access to the resident

Immediate access to the resident

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

OKDHS Pub. No. 86-58 Revised 09/2009

This publication is authorized by the Human Services Commission in accordance with state and federal regulations and printed by the Oklahoma Department of Human Services at a cost of $1000.00 for 5000 copies. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries. DHS offices may request copies on ADM-9 electronic supply orders. Members of the public may obtain copies by contacting the OKDHS Records Center at (405) 962-1721 or 1-877-283-4113 (toll free).

For more information, contact your Long-Term Care Ombudsman

at the nearest Area Agency on Aging: Toll Free: 1-800-211-2116

or

the Office of

the State Long-Term Care Ombudsman Aging Services Division

2401 N.W. 23rd St., Suite 40 Oklahoma City, OK 73107

or call (405) 521-6734

www.okdhs.org

Click on older personsolder persons

Know

your

Rights

AGING ServIceS DIvISION

Long-Term care Ombudsman Program

www.OKDHS.org

Residents’ Rights in

Nursing Homes,

Assisted Living and

Residential Care Facilities

Nursing homes, assisted living and residential care facilities must respect residents’ rights. State law requires these facilities to assist and encourage you to exercise your rights. Administrators must train staff in these rights.

These rights must be posted. A copy must be provided to you and to your personally–selected or court-appointed representative. Violation of any of these rights and threats to violate these rights are crimes punishable by fine and/or imprisonment. The injured party may also sue the violator.

Civil and religious liberties

You have the right to make independent

personal decisions and to be informed of available choices.

You have the right to participate in

social, religious and community activities that do not interfere with the rights of other residents in the facility.

Respectful treatment

You have the right to receive courteous and

respectful care and treatment and the right to reside and to receive services with reasonable accommodation of your individual needs and preferences, except if your health or safety or that of other residents would be endangered.

Abuse and restraints

You are entitled to be free from mental

and physical abuse, corporal punishment, involuntary seclusion, and from any physical or chemical restraints used for discipline or convenience of staff and not required to treat your medical symptoms. Restraints may be authorized in writing by a physician for a specified period of time. You or your representative must be consulted, and you have the right to refuse.

Federal law provides additional

protections for all residents

in nursing homes certified for

Medicare or Medicaid.

Private communication

You have the right to have private

communications, including telephone conversations, visits and consultations with a physician or attorney, meetings with family and resident groups, and meetings with any other person or persons of your choice. You have the right to send and promptly receive unopened personal mail.

(3)

to manage your

Privacy

You have the right to present complaints

without fear of reprisal or discrimination on behalf of yourself or others to the facility’s staff or administrator, to government officials or to any other person. You may join other persons within or outside the facility to work for improvements in resident care.

You may contact law enforcement officials to report theft, abuse or other crimes. •

The family of the resident has the right to meet in the facility with other residents’ families.

• Every resident shall have the right to prompt efforts by the facility to resolve grievances the resident may have,

including those related to the behavior of other residents.

Complaints

You have the right to manage your You have the right

You have the right

own financial affairs, unless you give the responsibility in writing to the facility or someone else. You shall receive a quarterly accounting of any personal financial

transactions undertaken for you by the facility. • You have the right to receive a written

statement of the services provided by the facility, including those required to be offered on an as-needed basis.

• Residents in nursing homes shall receive a statement of related charges, including any costs for services not covered under Medicare and Medicaid or not covered by the facility’s basic daily rate.

• Medicaid-certified nursing facilities must deposit your personal funds in excess of $50 in a separate interest-bearing account.

• Such facilities must also provide you with information on how to apply for Medicare and Medicaid benefits, and must not require a third party guarantee of payment as a condition of admission or continued stay.

Money matters

You shall not be required to work or

perform services for a facility.

• If you work other than as part of a plan of care or therapy, you may be entitled to payment or wages.

Work

You have the right to privacy for spousal

visits. You may share a room with your spouse if you both reside in the same facility.

Spousal visits

Medical Care

You have the right to receive adequate

and appropriate medical care, and cannot be discriminated against based on your source of payment. You shall be fully informed by your physician of your medical condition and advised in advance of proposed treatments in words that you understand. You have the right to participate in the planning or changing of care and treatments. You may refuse medications and treatment after being fully informed and understand the consequences.

You have the right to receive respect and

privacy in your medical care program. Case discussion, consultation, examination and treatment shall remain confidential and shall be conducted discreetly. Personal and medical records shall be confidential.

Personal belongings

You have the right to keep and use your

personal clothing and possessions. You also have the right to security in the storage and use of your clothing and possessions.

Federal law requires that

you be given a 30-day notice

of transfer if you live in a Medicaid

or Medicare certified facility,

even if you do not receive aid.

You also must be readmitted

after hospitalization,

if you choose,

to the first available bed

(4)

to manage your

You have the right to receive respect and

privacy in your medical care program. Case discussion, consultation, examination and treatment shall remain confidential and shall be conducted discreetly. Personal and medical records shall be confidential.

Privacy

You have the right to keep and use your

personal clothing and possessions. You also have the right to security in the storage and use of your clothing and possessions.

Personal belongings

Y

Yoou hu haavve te thhe re riigghhtt

Federal law requires that

you be given a 30-day notice

of transfer if you live in a Medicaid

or Medicare certified facility,

even if you do not receive aid.

You also must be readmitted

after hospitalization,

if you choose,

to the first available bed

in a semi-private room.

You have the right to receive adequate

and appropriate medical care, and cannot be discriminated against based on your source of payment. You shall be fully informed by your physician of your medical condition and advised in advance of proposed treatments in words that you understand. You have the right to participate in the planning or changing of care and treatments. You may refuse medications and treatment after being fully informed and understand the consequences.

Medical Care

Complaints

You have the right to present complaints

without fear of reprisal or discrimination on behalf of yourself or others to the facility’s staff or administrator, to government officials or to any other person. You may join other persons within or outside the facility to work for improvements in resident care.

• You may contact law enforcement officials to report theft, abuse or other crimes. • The family of the resident has the right

to meet in the facility with other residents’ families.

• Every resident shall have the right to prompt efforts by the facility to resolve grievances the resident may have,

including those related to the behavior of other residents.

Work

You shall not be required to work or

perform services for a facility.

• If you work other than as part of a plan of care or therapy, you may be entitled to payment or wages.

Spousal visits

You have the right to privacy for spousal

visits. You may share a room with your spouse if you both reside in the same facility.

Money matters

You have the right to manage your

own financial affairs, unless you give the responsibility in writing to the facility or someone else. You shall receive a quarterly accounting of any personal financial

transactions undertaken for you by the facility. • You have the right to receive a written

statement of the services provided by the facility, including those required to be offered on an as-needed basis.

• Residents in nursing homes shall receive a statement of related charges, including any costs for services not covered under Medicare and Medicaid or not covered by the facility’s basic daily rate.

• Medicaid-certified nursing facilities must deposit your personal funds in excess of $50 in a separate interest-bearing account.

(5)

Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ Nursing homes, assisted living and residential care facilities must respect residents’ rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise rights. State law requires these facilities to assist and encourage you to exercise These rights must be posted. A copy must be provided to you and to your

personally–selected or court-appointed representative. Violation of any of these

Rights

You have the right

respectful care and treatment and the right to reside and to receive services with reasonable accommodation of your individual needs and preferences, except if your health or safety or that of other residents would be endangered.

for a specified period of time. You or your representative must be consulted, and you have the right to refuse.

Federal law provides additional

Federal law provides additional

Federal law provides additional

Federal law provides additional

protections for all residents

protections for all residents

protections for all residents

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

in nursing homes certified for

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Medicare or Medicaid.

Immediate access to the resident

Immediate access to the resident

Immediate access to the resident

Immediate access to the resident

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

is required by federal law,

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

subject to refusal by the resident.

Nursing homes, assisted living and residential care facilities must respect residents’ rights. State law requires these facilities to assist and encourage you to exercise your rights. Administrators must train staff in these rights.

These rights must be posted. A copy must be provided to you and to your personally–selected or court-appointed representative. Violation of any of these rights and threats to violate these rights are crimes punishable by fine and/or imprisonment. The injured party may also sue the violator.

Know

your

Rights

AGING ServIceS DIvISION

Long-Term care Ombudsman Program

www.OKDHS.org

You have the right to make independent

personal decisions and to be informed of available choices.

You have the right to participate in

social, religious and community activities that do not interfere with the rights of other residents in the facility.

Civil and religious liberties

You have the right to receive courteous and

respectful care and treatment and the right to reside and to receive services with reasonable accommodation of your individual needs and preferences, except if your health or safety or that of other residents would be endangered.

Respectful treatment

You are entitled to be free from mental

and physical abuse, corporal punishment, involuntary seclusion, and from any physical or chemical restraints used for discipline or convenience of staff and not required to treat your medical symptoms. Restraints may be authorized in writing by a physician for a specified period of time. You or your representative must be consulted, and you have the right to refuse.

Abuse and restraints

You have the right to have private

communications, including telephone conversations, visits and consultations with a physician or attorney, meetings with family and resident groups, and meetings with any other person or persons of your choice. You have the right to send and promptly receive unopened personal mail.

Private communication

Federal law provides additional

protections for all residents

in nursing homes certified for

Medicare or Medicaid.

Immediate access to the resident

is required by federal law,

subject to refusal by the resident.

Residents’ Rights in

Nursing Homes,

Assisted Living and

Residential Care Facilities

For more information, contact your Long-Term Care Ombudsman

at the nearest Area Agency on Aging: Toll Free: 1-800-211-2116

or

the Office of

the State Long-Term Care Ombudsman Aging Services Division

2401 N.W. 23rd St., Suite 40 Oklahoma City, OK 73107

or call (405) 521-6734

www.okdhs.org Click on ololdederrppeerrssoonnss

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