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Summary of the Rights of Nursing Home Residents that the federal (US) and South Carolina (SC) state laws protect:

The Right to Receive:

  • Adequate and appropriate care
  • Reasonable accommodation of their needs
  • Privacy in their treatment and care
  • Confidentiality regarding medical, personal and financial matters
  • Consideration, respect and dignity
  • Notice of transfer or discharge

The Right to:

  • Participate in their treatment
  • Refuse medication, treatment and restraints (both chemical and physical)
  • Review their medical record
  • Make independent personal decisions
  • Choose their own physician
  • Participate in activities
  • Communicate privately with any person
  • Manage their own financial affairs
  • File complaints with state agencies for abuse, neglect or misappropriation of property
  • Present grievances to the nursing home
  • Prompt efforts by the nursing home to resolve grievances
  • Have immediate access by visitors, including personal physicians, state agency representatives, relatives and other individuals and organizations
  • Remain in the nursing home unless transfer or discharge is necessary or appropriate for medical or safety reasons
  • Remain in the nursing home unless the resident has failed to pay after reasonable notice has been given
  • Have their family informed of changes in resident’s health and treatment
  • Have his/her physician consulted when the resident’s condition significantly changes

The Right to Be free from:

  • Mental abuse
  • Physical abuse
  • Corporal punishment
  • Involuntary seclusion
  • Physical restraints
  • Chemical restraints

The Right to Be fully informed of:

  • Changes in care and treatment
  • Available services and charges for services
  • Nursing home rules and regulations
  • Resident rights
  • State Ombudsman, survey agency and advocacy groups’ contact information
  • State survey reports of the nursing home
  • Nursing home’s plans of correction
  • Plans to change a resident’s room or roommate
  • Changes in their medical condition

The federal and South Carolina state regulations set forth specific requirements as to how nursing homes are to provide care and treatment to residents and protect the rights of residents. For example, South Carolina state regulations require training of caregivers in nursing homes as well as sufficient numbers of staff to provide care to proper residents.

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Joe Griffith Co-Authors Book On Health Care Fraud Joe Griffith Co-Authors Book On Securities Fraud
 
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