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CNA-NIC F25 CH 2.6
Explain Residents Rights
| Question | Answer |
|---|---|
| RESIDENT RIGHTS | specify how residents must be treated while living in a facility |
| what does resident rights provide to healthcare workers | they provide an ethical code of conduct for healthcare workers |
| how do facility staff let residents know what their rights are | give residents a list of these rights and review each right with them |
| what did the centers for Medicare and Medicaid Services ( CMS) finalize | a rule to improve the care and safety of residents in long term care facilities |
| when was a rule passed to improve the care and safety of residents in long term care facilities by CMS | 2016 |
| why is the rule posed in 2016 by CMS for the improvement of care and safety of residents in long term care facilities revolutionary | it was the first comprehensive update since 1991 |
| what does the rule to improve the care and safety of residents in long term care facilities from the CMS include | Strengthening the rights of residents who live in long term care facilities. NAs must be familiar with these legal rights |
| Residents Rights include: (Part 1) | quality of life, services and activities to maintain a high level of wellness, The right to be fully informed about rights and services, the right to participate in their own care, the right to make independent choices, right to privacy /confidentiality |
| 1st: Quality of life | residents have the right to the best care available. Dignity , Choice, and Independence are important parts of quality of life. The facility must give equal access to quality care regardless of a residents condition, diagnosis or payment source |
| 2nd : Services and Activities to Maintain a High Level of Wellness | residents must receive the correct care. Healthcare professionals at facilities are required to develop a care plan for residents, their care must keep them as healthy as possible.Residents health should not decline as a direct result of facilities care |
| what does a baseline care plan for residents include | includes instructions for providing person centered care |
| when does a baseline care plan need to be developed by | 48 hours of admission |
| 3rd : The right to be fully informed about rights and services | residents must be told what services are offered and what the fee is for each service. |
| how must residents be informed of charges | both orally and in writing |
| what must residents be given | a written copy of their legal rights, along with a facilities rules and regulations |
| how must legal rights be explained | in a language that each resident can understand |
| what contact information must be given to residents | for state agencies related to monitoring the quality of care, such as the ombudsman program |
| what happens when a resident request survey results | survey results must be shared with residents when requested |
| what changes do residents have the right to be notified about | right to be notified about any change of room or roommate |
| what do residents have the right for in regards to communication | they have the right to communicate with someone who speaks their language |
| what are a residents rights in regards to sensory impairment | they have the right to assistance for any sensory impairment |
| example of sensory impairment | hearing loss |
| who is the resident representative | is a person chosen by the resident who acts on behalf of the resident |
| what is the role of the resident representative | may help make decisions, access the residents information and receive notifications about the resident or manage the residents finances |
| who can be a the resident representative | a person who is legally considered a guardian or has a power of attorney |
| 4th : The right to participate in their own care | residents have the right to participate in planning their treatment, care and discharge. Residents have the right to see an sign their care plans after all significant changes. they have the right to request, refuse and or discontinue treatment/care |
| what do residents have the right to be informed about in regards to their care plan | residents have the right to be informed of the risks and benefits of care and treatment including treatment options and alternatives and to choose the options they perfer |
| what can residents refuse to participate in | they can refuse restraints and refuse to participate in experimental research |
| what knowledge do residents have the right to know about | have the right to be told of changes in their condition |
| what records do residents have the right to view | they have the right to review their medical record |
| regarding care providers residents have the right to | choose and change their care providers at any time |
| 5th: The right to make independent choices | Residents can make choices about their doctors, care and treatments. They can make personal decisions (what to wear and how to spend their time) Can join community activities both inside and outside the facility Can vote (Fed,state,local) |
| what happens when a resident requires assistance with voting | a designated person might be needed to help the resident vote |
| what rights do residents have in regards to being allowed to make independent choices | they have the right to a reasonable accommodation of their needs and preferences. they have a right to participate in resident or family groups (residents council) |
| RESIDENT COUNCIL | is a group of residents who meet regularly to discuss issues related to long term care facilities |
| what does the residents council do | gives residents a voice in facility operations |
| what are some topics of discussion for the resident council | may include facility policies and decisions regarding activities, concerns and problems |
| what does the residents council accomplish | offers residents a chance to provide suggestions on improving the quality of care |
| how are council executives elected | by residents |
| how are family members included in the resident council | are invited to attend meetings with or on behalf of residents |
| when may staff participate in residents council | when they are invited by council members |
| 6th : the right to privacy and confidentiality | residents have the right to speak privately with anyone , the right to privacy during care and the right to confidentiality regarding every aspect of their lives |
| what cannot be shared with anyone but the care team | their medical. personal and financial information |
| what is an example of residents right to privacy | includes being able to send and receive mail that is unopened |
| Residents Rights include: (Part 2) | the right to dignity, respect and freedom; the right to security of possessions; rights during transfers and discharges; the right to complain; the right to visits; rights with regard to social services |
| 7th the right to dignity , respect and freedom | residents must be respected and treated with dignity by caregivers. residents must not be abused, mistreated or neglected in any way. |
| 8th the right to security of possessions | residents personal possessions must be safe at all times. residents have the right to secure personal property that is protected from loss or theft. Their possessions cannot be taken or used by anyone without a resident's permission. |
| what do residents have the right to do for misappropriation of property | have the right to file a complaint with the state agency for misappropriation of property |
| MISAPPROPRIATION | is the deliberate misplacement, exploitation or improper use of a persons belongings or money without the person's consent. |
| EXPLOITATION | is the act of taking advantage of a person for personal gain through threats or manipulation |
| how do residents handle finances | residents have the right to manage their own finances or choose someone else to do it for them. |
| how is charges handled for care related to Medicaid or Medicare | residents have the right to not be charged for any care that is covered by Medicaid or Medicare |
| 9th : Rights during transfers and discharges | Residents have the right to be informed of and to consent to any location changes. Residents have the right to stay in a facility unless a transfer or discharge is needed. |
| when can residents be moved or evicted from the facility | due to safety reasons (their safety, others safety), if their health has improved, or if payment for care has not been received for a determined period of time. |
| EVICTION | is the involuntary discharge of a resident |
| what must the facility do when discharging a resident | the facility must develop an effective discharge plan that involves each residents goals and preferences |
| how often should the discharge plan be used | this plan must be regularly reviewed and updated as appropriate |
| when must a discharge plan be created | even if a resident is planning to stay at the facility long term a discharge plan must be created , keeping the residents preferences in mind |
| 10th : the right to complain | residents have the right to make complaints and voice grievances without fear for their safety or care. Facilities must work quickly to address their concerns |
| 11th: the right to visits | residents have the right to visits from doctors , family members (including spouses and domestic partners) , friends, ombudsmen, clergy members, legal representatives , or any other person |
| visits cannot be restricted, limited or denied on the basis of | race, color, national origin, religion , sex gender identity, sexual orientation or disability |
| when can a visit be denied | certain cases where a visitor may pose a clinical or safety risk to residents or staff |
| what happens when a visit is denied | the resident must be immediately informed |
| when do residents have the right to receive visitors | any reasonable hour |
| 12th : rights with regards to social services | the facility must provide residents with access to social services including counseling, assistance in solving problems with others (mediation) and help contacting legal and financial professionals |
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