Elders being admitted to a long-term care facility, such as a Southern California nursing home, are granted certain rights. These rights are protected by regulations on both the State and Federal level. Specifically, these rights are guaranteed by the California Code of Regulations, the California Health and Safety Codes, the California Welfare & Institutions Code, and the Code of Federal Regulations. All California elders entering into a nursing home are granted these rights by law.
Unfortunately, this does not mean their rights are protected and upheld by the facility and staff members. It is important that anyone considering placing an elder into a long-term care facility understands these rights. Rights are granted on pre-admission, while in residence, and transfer and discharge basis.
Pre-Admission Rights
As a potential resident of a long-term care facility, such as a California nursing home, residents’ rights are granted before being admitted. Each potential resident has the right to:
•Visit the facility
•Review the license and certification of the facility
•Review the admission agreement
•Inquire into cost of care, optional services and coverage provided by Medicare or Medi-Cal
•Be informed of all rights in a language that is understandable to the resident
•Be informed of the nursing home’s rules and regulations
•Review all contracts thoroughly before signing
•Be made aware of what basic services are included in cost, and what services are optional
•Be made aware of right to apply for Medicare or Medi-Cal, and be granted assistance in applying for this coverage
•Refuse to have a cosigner
•Refuse to provide a deposit, if you are the beneficiary of Medi-Cal or Medicare
•Refuse to delay rights to receive Medicare or Medi-Cal
•Refuse to sign an arbitration agreement
•Receive the Patient’s Bill of Rights
In-Residence Rights
Federal and State laws further guarantee residents of California nursing homes certain rights while living in the facility, including:
•The right to be treated with respect and dignity
•The right to privacy during treatment
•The right to privacy during personal care
•The right to choose your personal physician
•The right to participate in one’s own treatment planning and decision making
•The right to receive care to ensure proper personal hygiene
•The right to reside in a clean, sanitary facility
•The right to receive proper nutrition in quality and quantity as per physician’s recommendations
•The right to manage your own financial affairs
•The right to refuse care/treatment
•The right to make advance directives including power of attorney, DNR
•The right to voice grievances and/or suggest policy changes to the facility without fear of repercussions
•The right to make and receive phone calls privately
•The right to privacy in visits from family members and friends
•The right to be completely free from abuse, chemical restraints and physical restraints that are not medically required to treat patient’s symptoms
•The right to a monthly itemized bill
•The right to 30 days’ notice of increase in facility rates
Transfer & Discharge Rights
Elders being discharged or transferred from one facility to another, or to return to a private residence are also granted rights under California and Federal laws. Nursing home residents transferring, or being discharged are granted the following rights:
•The right to voluntary discharge without notice
•The right to refuse involuntary transfer except in an emergency
•The right to receive a refund of security deposit within 14 days of account being closed
•The right to remain in the nursing home if insurance transfers from private pay to Medicare or Medi-Cal
•The right to remain in the nursing home if nursing home withdraws from Medicare or Medi-cal
•The right to have a bed held for 7 days if resident is transferred to a hospital
The State of California and the United States Federal Government guarantees these rights and more to all residents of Southern California nursing homes. If these rights are being in any way restricted, or violated, it is time to speak with an elder abuse attorney about your next course of action.
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