Nursing Home Abuse - Bill of Rights

The government has passed legislation that protects the rights of nursing home residents. This legislation, usually called the Nursing Home Resident's Bill of Rights, includes provisions to protect your loved one from nursing home abuse in Kentucky and Indiana.

1. The Right to Be Informed
   Residents have the right to be informed about the policies of the nursing home and about their personal rights as residents. Upon admittance to the home, residents must be informed of these policies and rights.

2. The Right to Choose a Physician
   Residents have the right to choose their own physicians and pharmacies. They do not have to use the nursing home's physician or pharmacy.

3. The Right to Know about Medical Conditions
   Residents have the right to be fully informed of their medical conditions, unless their physician believes it is not in the patient's best interest to be told.

4. The Right to Participate in the Plan of Care
   Residents must be given the opportunity to participate in the planning of their own medical treatment. This includes the right to refuse treatment.

5. The Right to Be Free from Abuse and Restraints
   Residents have the right to be free from mental and physical abuse and chemical and physical restraints. Only a physician can authorize a restraint, and this can happen only when there is a threat of injury.

6. The Right to Privacy, Dignity, and Respect
   Residents have the right to be treated with consideration, respect and full recognition of their dignity and individuality, including privacy in treatment and in care for their personal needs.

7. The Right to Manage Personal Finances
   Residents have the right to either manage their own funds or authorize someone else to manage them. If residents authorize the nursing home to handle their funds, they have additional rights:

• To know the whereabouts of their funds and account numbers

• To receive a written accounting statement every 3 months

• To receive a receipt for any funds spent

• To have access to their funds within 7 banking days

8. The Right to See Visitors
   Residents have the following rights regarding visitation:

• Residents may receive any visitor of their choosing, may refuse a visitor permission to enter their room, and may end a visit at any time.

• Residents have the right to immediate access by family and reasonable access to others.

• 8 visiting hours per day must be must be posted in a public place.

• Members of community organizations and legal services may enter any nursing home during visiting hours.

• Communication between residents and visitors is confidential.

• Visitors may talk to all residents and offer them personal, social, and legal services.

• Visitors may help residents claim their rights and benefits through individual assistance, counseling, organizational activity, legal action, or other forms or representation.

9. The Right to Confidentiality
   Residents have the right to confidentiality of personal medical records and the right to access those records within 24 hours after a request.

10. The Right to Be Made Aware of Services and Charges
    Residents have the right to be made aware of the nursing home's services and of the charges related to those services. This includes charges for services not covered by the facility's fee, Medicare, or Medicaid.

11. The Right to Voice Grievance without Retaliation
    Residents have the right to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of their choice without fear of coercion, discrimination, or reprisal.

12. The Right to Organize and Participate in Groups
    Residents have the right to organize and participate in resident groups in the nursing home. Residents' families also have the right to gather in the facility with families of other residents.

13. The Right to Participate in Social, Religious and Community Activities
    Residents have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the nursing home.

14. The Right to Examine Reviews
    Residents have the right to examine the results of the most recent review of the nursing home. The government requires nursing homes to be reviewed once a year.

15. The Right to Remain in the Nursing Home
    Residents may only be discharged or transferred for medical reasons, for their welfare or for the welfare of other residents. They must be provided with a written 30-day notification of the transfer or discharge.

The government has been trying for years to improve the conditions of nursing homes, and the enactment of the Nursing Home Resident’s Bill of Rights was an important milestone, but there is still much left to be done. Improving the conditions of nursing homes still has a long way to go, and the process needs to start today.

According to the 2000 U.S. Census, there are nearly 35 million elderly people in America, and that number is only growing – especially in the 85 and older range. With this in mind, there can be no delay in ending Kentucky and Indiana nursing home abuse and neglect. The time for action to reform nursing homes and rid them of abuse and neglect is now.

Free Consultation

If you are concerned about a loved one in a nursing home, contact a Kentucky or Indiana nursing home abuse and neglect lawyer at Woods and Woods today. Our main office is located in Evansville, Indiana, but we also have an office in Owensboro, Kentucky, and we have successfully advocated for clients throughout southern Indiana and northwestern Kentucky, including Jasper, Vincennes, Madisonville and Henderson, KY. Complete a Free Online Consultation Form or call us at 812-426-7200 for an immediate and confidential evaluation of your case.