The decision to move into a nursing home is typically laden with anxiety and stress. Even if you are aware that you or a family member would benefit from nursing home care, you want to ensure that the facility provides compassionate, person-centered, and effective care. However, it is not simply what services a nursing home would offer. If you’re thinking about nursing homes, you’re probably wondering what they’re not allowed to do. Let’s understand in detail about what can’t nursing homes do? Let’s get started!
Who is suitable for a nursing home?
Firstly, it’s important to understand what a nursing home is and who may benefit the most from it. Nursing homes differ from assisted living facilities. While assisted living facilities can assist residents with various daily activities such as housekeeping, meal preparation, and dressing, they typically do not offer medical assistance and monitoring, which nursing homes do provide.
“Nursing homes are primarily recognized for their long-term care with round-the-clock availability of medical support for individuals who require continuous care or supervision but do not need to be hospitalized,” explains a geriatric nurse practitioner.
Nursing homes services, includes:
- Personal care (bathing, grooming, dressing, feeding).
- Rehabilitation services following an injury or surgery.
- Care for chronic medical conditions.
Know Your Rights in a Nursing Home
To protect patients residing in nursing homes, federal rules and regulations are in place. These are established by the Centers for Medicare and Medicaid Services (CMS), a federal agency responsible for administering healthcare to those with government-funded health insurance like Medicare and Medicaid.
CMS provides a document titled “Your Rights and Protections as a Nursing Home Resident,” which can be a useful resource when dealing with nursing home care. Key points from this document include:
- You can make your own choices.
- Your personal information must be kept confidential.
- Any nursing home you live in must inform you of your rights.
- The facility must make you aware of any rules and policies you need to follow; this information should be provided before you are admitted.
10 Things Nursing Homes Are Not Allowed To Do
Besides informing you about the rules or regulations you need to adhere to as a resident in a nursing home, the nursing homes themselves must comply with certain rules and regulations. Let us examine some of the actions that nursing homes are prohibited from undertaking.
- Blatant Discrimination Is Banned
- Allowing Abuse & Neglect Is Unforgivable
- Manage Complex Medical Conditions And Treatments
- Unnecessary Restraints Are Restricted
- Control Patient Finances
- Access To Visitors Can’t Be Unreasonably Restricted
- Unexpectedly Terminate Care
- Violating Privacy Is Never Permissible
- Make Care Decisions
- Retaliation Against Complainers Is Reprehensible
The Bottom Line
Though nursing homes might not be suitable for everyone, they are ideal for individuals who require a higher level of medical and personal care than what can be safely provided at home or in an assisted living facility. Most nursing homes offer quality care for their residents, and all must follow a set of regulations that respect an individual’s right to privacy, dignity, and competent care.
If you are thinking about nursing home care or taking care of someone who might need this service, it is beneficial to be informed about what to anticipate at the Nursing Home Firm, including their capabilities and limitations.
FAQs
What entitlements do I have as a resident in a nursing home?
Residents possess various rights as outlined by federal and state legislation, which include:
- The right to make personal choices (such as daily routine and visitors)
- The right to be involved in care planning
- The right to privacy and confidentiality
- The right to be free from any unnecessary restraints
- The right to handle your own finances (or designate someone you trust to do so)
Is it permissible for a nursing home to evict a resident without prior notice?
No. Nursing homes cannot expel a resident without providing proper notice and valid reasons. Acceptable reasons include:
- Failure to pay
- Not able to meet the resident’s requirements
- The resident poses a risk to others
- The facility is shutting down
Even in these circumstances, residents must be provided with written notice (typically at least 30 days in advance) and must be given the opportunity to contest the decision.
Can a nursing home limit my visitors?
Nursing homes generally cannot restrict you from receiving visitors, including family and friends. However, they may establish reasonable visiting hours or limit visits during health outbreaks (like flu or COVID-19), but they must adhere to federal guidelines and ensure your right to have visitors.
Do I have the right to make my own medical decisions?
Yes. You have the right to be involved in your care and make decisions regarding treatments, medications, and services. You may also appoint someone as your healthcare power of attorney if you wish to have assistance with medical decisions.
Can the nursing home compel me to take medication or undergo treatment that I do not want?
No. You have the right to decline medications or treatments, even if others disagree with your decision. The facility must respect your choices unless there is a legal or medical emergency.
Is the nursing home allowed to manage my finances?
Only with your written consent. You have the right to control your own money. If you wish the nursing home to assist, they must keep your funds in a separate account and provide you with regular updates.
Is it lawful for nursing homes to use physical restraints?
No, unless it is medically necessary and authorized by a physician. Nursing homes cannot use restraints as a form of punishment or convenience.
Can a nursing home change my room or roommate without notifying me?
Not without providing you with notice and a valid reason. You have the right to be informed about and participate in decisions concerning room changes.
What actions should I take if I feel mistreated or neglected in a nursing home?
You can:
- Speak to the nursing home administrator or staff
- Submit a complaint to the state’s long-term care ombudsman
- Report abuse or neglect to the state health department or adult protective services
- Call 911 if there is an immediate threat
Is it permissible for the nursing home to discharge me for voicing complaints or concerns?
No. Nursing homes cannot retaliate against you for lodging complaints, speaking to inspectors, or asserting your rights. Retaliation is unlawful.
Lexy Summer is a talented writer with a deep passion for the art of language and storytelling. With a background in editing and content creation, Lexy has honed her skills in crafting clear, engaging, and grammatically flawless writing.
