Course Book : #116 - Rights and Responsibilities of Patients

Rights and Responsibilities of Patients

Course # 116

2 contact hours

Author: Monica Oram, RN

Upon completion of this course the reader will be able to achieve the following objectives:

  1. Describe resident rights

  2. Understand OBRA law of 1987

  3. List ways to promote client rights

  4. Define types of abuse

  5. Understand how abuse violates patient rights

  6. Understand what an ombudsman does

 

Resident Rights

 

The purpose of resident rights is to inform residents of their rights with in a healthcare facility and to provide rules of ethical conduct for healthcare workers. You must understand resident/ patient rights when providing care to your clients.

 

Quality of life-

Each facility should enhance and maintain the quality of life of each resident. Emphasis should be placed on dignity, choice, and independence for residents.

 

Providing Services and Activities-

The services and activities provided by the facility must maintain the highest physical, mental, and psychosocial well being of each resident in accordance with written plan of care designed to specifically meet the needs of the resident.

 

Short version of residents rights

  • Right to quality of Life

  • Right to participate in own care

  • Right to be fully informed

  • Right to make independent choices

  • Right to privacy and confidentiality

  • Right to dignity, respect, and freedom

  • Right to security of possessions

  • Rights during transfer and discharge

  • Right to complain

  • Right to visits ( go to a doctor or have visitors, clergy, ect.)

 

Residents have these rights as well:

  1. Right to be informed

  2. Right to have a copy of rules and regulations

  3. Right to have the address and phone number of state agencies

  4. Right to see state survey reports

  5. Right to be notified of any change in their plan of care

  6. Right to participate in their plan of care

  7. Right to be informed of changes in medical condition

  8. Right to participate in the planning of their care and discharge

  9. Right to refuse any medication or treatment

  10. Right to review their medical record

  11. Right to make choices

  12. Right to what they wear

  13. Right to how they spend their time during the day

  14. Right to choose own physician

  15. Right to be notified of room change or roommate change

  16. Right to reasonable accommodations

  17. Right to participate in community activities

  18. Right to participate in resident council meetings

  19. Right to private communication

  20. Right to privacy in treatment and care

  21. Right to confidentiality

  22. Right to be treated with dignity

  23. Right to respect

  24. Right to be free from mental and physical abuse

  25. Right to self determination

  26. Right to manage own financial affairs

  27. Right to file a complaint

  28. Right to be free of charge for services covered by Medicare and Medicaid

  29. The right to remain in the facility unless a transfer or discharge is necessary to meet residents well-being. Transfer or discharge because health has improved and resident no longer requires nursing home care. Or to protect safety and well being of staff or other residents. A discharge may be issued for failure to pay bills.

  30. Right to a thirty day notice of transfer or discharge.

  31. Right to file a grievance complaint

  32. Right for the facility to resolve complaints quickly

  33. Right to have visitors

  34. Right to see physician as requested

  35. Right to clergy and religion

  36. Right to be treated with dignity and respect

  37. Right to be free of chemical and physical restraints

  38. Right to manage own money

  39. Right to report grievances without fear of retaliation

  40. Right to communicate privately

  41. Right to receive and send Mail

 

Residents have rights to take an active role in the care that is provided to them. This means including the resident or patient as a partner in the healthcare team as care is planned and carried out.

 

As you can see the list is lengthy, these are by far not all of the resident’s rights. These are just a few of the most important to be aware of.

 

A client’s bill of rights informs the client of their rights and provides an ethical code of conduct for healthcare workers. The resident rights are similar to those in home care settings, and hospitals.

 

All clients have the right to not be discriminated against on the basis of race, sex, religion, creed, or nationality, age, sex, or handicap.

 

Clients and caregivers have a mutual respect for dignity and respect for property.

 

Clients have the right to privacy and confidentiality which will include their medical records not being released or used without the consent of the client.

 

Ways to promote resident/client rights

 

You can help promote resident and client rights by:

  • Watch for and report signs of abuse

  • Follow infection control policies when providing care

  • Communicate with resident and client about care they will be provided

  • Provide privacy during care

  • Make sure resident or client knows how to call for help

 

 

Remember:

  • Do not gossip about a resident or patient

  • Respect a resident or patient’s refusal of care

  • Respect resident or patient’s property

  • Report observations regarding a change in condition

Abuse is an area that needs to be addressed because a violation of abuse issue are a serious violation in the resident and client’s rights to dignity and respect. No person shall be subjected to harm or any means of abuse.

 

For a course on abuse and neglect see course # 125

 

Overview of abuse

 

Types include:

  • Physical

  • Sexual

  • Financial

  • Domestic

  • Involuntary seclusion

  • Exploitation

  • Neglect

  • Verbal/Mental

 

Elder abuse occurs both in Nursing homes and at home. There is no place that is free of abuse. Types of abuse are listed above, however, one must realize the importance of recognizing and reporting abuse as it is a serious part of the resident and client bill of rights to be free of harm, treated with dignity, and respect.

 

RESPONSIBILITIES

In addition to the resident or client having a number of rights, they also have a number of responsibilities as well. The responsibilities include:

  • Following the rules such as where to smoke, when people can visit, ect

  • Treat others with respect

  • Give full information

  • Follow doctors instructions

  • Follow instructions of health care staff

  • Bring identification and insurance information at time of admission

  • Responsibility to pay bills on time

  • Responsibility to report changes

 

OBRA Law of 1987

 

The Omnibus Budget Reconciliation Act (OBRA) of 1987, which has been updates several times since, was drafted as a response to numerous reports of abuse and poor care within nursing homes. This law established the minimum standards of care in which a facility must comply in long term care. OBRA law requires that states set minimum standards for the type and length of nursing assistant training, develop nursing assistant skill competency, and set up and keep track of annual training for all employees. Nurses must practice within the scope of nursing practice at the level or above the minimum standards set by the board of nursing. The OBRA law also mandates that every state have a registry to track all CNA’s certified within the state. This is also the law that brought about resident rights.

 

Ombudsman

 

The word “ombudsman” originally came from Scandinavia. In parts of Scandinavia, an ombudsman is an official of the government who investigates complaints for the citizens. In the United States, we have adopted the ombudsman approach for the reporting of elder abuse. In Nursing homes, an ombudsman is established by law as the legal advocate for the resident.

 

Ombudsmen visit the facility, listen to residents, and decide what course of action to take if there is a problem. They provide an ongoing presence in long term care facilities, monitoring care and conditions.

 

In some states, a group of specially selected people on a watchdog committee may investigate all reports of abuse that occur in a healthcare facility. It is comprised of citizens who have an active interest in quality care of nursing homes.

 

 

Long Term Care Ombudsman are advocates for residents of nursing homes, boarding and care houses, assisted living facilities, and similar adult care facilities. They work to resolve problems of individual residents and to bring about change at local, state and national levels.

 

While most facilities provide good care in long term facilities, far too many are neglected and other misfortunate incidents do occur. Thousands of trained ombudsman visit nursing homes to be a voice for those who cannot speak up for themselves. The most frequent complaint is lack of proper care due to lack of proper staffing. Ombudsmen help families and patients understand and exercise rights that are guaranteed by law, both at the State and Federal Level.

 

Summary

 

This was intended to give a quick tip over view on various rights that a resident or patient has. Keep in mind that although there are a lot of rights, they also have responsibilities as well. Make sure your resident and family is well informed and provide the best you can to meet the needs of those in your care. Keep in mind that rights are much like how we want to be treated. Treat those like you would expect to be treated in return, and you will have no problem understanding and identifying resident and client rights.

 

References:

 

National Citizen’s Coalition for Nursing Home Reform (NCCNHR)

www.nccnhr.org

 

Long Term Care Ombudsman Program

1-800-677-1116

www.aoa.gov/factsheets/ombudsman.html

Rights and Responsibilities of Patients

Course # 116

2 contact hours

Author: Monica Oram, RN

Upon completion of this course the reader will be able to achieve the following objectives:

  1. Describe resident rights

  2. Understand OBRA law of 1987

  3. List ways to promote client rights

  4. Define types of abuse

  5. Understand how abuse violates patient rights

  6. Understand what an ombudsman does

 

Resident Rights

 

The purpose of resident rights is to inform residents of their rights with in a healthcare facility and to provide rules of ethical conduct for healthcare workers. You must understand resident/ patient rights when providing care to your clients.

 

Quality of life-

Each facility should enhance and maintain the quality of life of each resident. Emphasis should be placed on dignity, choice, and independence for residents.

 

Providing Services and Activities-

The services and activities provided by the facility must maintain the highest physical, mental, and psychosocial well being of each resident in accordance with written plan of care designed to specifically meet the needs of the resident.

 

Short version of residents rights

  • Right to quality of Life

  • Right to participate in own care

  • Right to be fully informed

  • Right to make independent choices

  • Right to privacy and confidentiality

  • Right to dignity, respect, and freedom

  • Right to security of possessions

  • Rights during transfer and discharge

  • Right to complain

  • Right to visits ( go to a doctor or have visitors, clergy, ect.)

 

Residents have these rights as well:

  1. Right to be informed

  2. Right to have a copy of rules and regulations

  3. Right to have the address and phone number of state agencies

  4. Right to see state survey reports

  5. Right to be notified of any change in their plan of care

  6. Right to participate in their plan of care

  7. Right to be informed of changes in medical condition

  8. Right to participate in the planning of their care and discharge

  9. Right to refuse any medication or treatment

  10. Right to review their medical record

  11. Right to make choices

  12. Right to what they wear

  13. Right to how they spend their time during the day

  14. Right to choose own physician

  15. Right to be notified of room change or roommate change

  16. Right to reasonable accommodations

  17. Right to participate in community activities

  18. Right to participate in resident council meetings

  19. Right to private communication

  20. Right to privacy in treatment and care

  21. Right to confidentiality

  22. Right to be treated with dignity

  23. Right to respect

  24. Right to be free from mental and physical abuse

  25. Right to self determination

  26. Right to manage own financial affairs

  27. Right to file a complaint

  28. Right to be free of charge for services covered by Medicare and Medicaid

  29. The right to remain in the facility unless a transfer or discharge is necessary to meet residents well-being. Transfer or discharge because health has improved and resident no longer requires nursing home care. Or to protect safety and well being of staff or other residents. A discharge may be issued for failure to pay bills.

  30. Right to a thirty day notice of transfer or discharge.

  31. Right to file a grievance complaint

  32. Right for the facility to resolve complaints quickly

  33. Right to have visitors

  34. Right to see physician as requested

  35. Right to clergy and religion

  36. Right to be treated with dignity and respect

  37. Right to be free of chemical and physical restraints

  38. Right to manage own money

  39. Right to report grievances without fear of retaliation

  40. Right to communicate privately

  41. Right to receive and send Mail

 

Residents have rights to take an active role in the care that is provided to them. This means including the resident or patient as a partner in the healthcare team as care is planned and carried out.

 

As you can see the list is lengthy, these are by far not all of the resident’s rights. These are just a few of the most important to be aware of.

 

A client’s bill of rights informs the client of their rights and provides an ethical code of conduct for healthcare workers. The resident rights are similar to those in home care settings, and hospitals.

 

All clients have the right to not be discriminated against on the basis of race, sex, religion, creed, or nationality, age, sex, or handicap.

 

Clients and caregivers have a mutual respect for dignity and respect for property.

 

Clients have the right to privacy and confidentiality which will include their medical records not being released or used without the consent of the client.

 

Ways to promote resident/client rights

 

You can help promote resident and client rights by:

  • Watch for and report signs of abuse

  • Follow infection control policies when providing care

  • Communicate with resident and client about care they will be provided

  • Provide privacy during care

  • Make sure resident or client knows how to call for help

 

 

Remember:

  • Do not gossip about a resident or patient

  • Respect a resident or patient’s refusal of care

  • Respect resident or patient’s property

  • Report observations regarding a change in condition

Abuse is an area that needs to be addressed because a violation of abuse issue are a serious violation in the resident and client’s rights to dignity and respect. No person shall be subjected to harm or any means of abuse.

 

For a course on abuse and neglect see course # 125

 

Overview of abuse

 

Types include:

  • Physical

  • Sexual

  • Financial

  • Domestic

  • Involuntary seclusion

  • Exploitation

  • Neglect

  • Verbal/Mental

 

Elder abuse occurs both in Nursing homes and at home. There is no place that is free of abuse. Types of abuse are listed above, however, one must realize the importance of recognizing and reporting abuse as it is a serious part of the resident and client bill of rights to be free of harm, treated with dignity, and respect.

 

RESPONSIBILITIES

In addition to the resident or client having a number of rights, they also have a number of responsibilities as well. The responsibilities include:

  • Following the rules such as where to smoke, when people can visit, ect

  • Treat others with respect

  • Give full information

  • Follow doctors instructions

  • Follow instructions of health care staff

  • Bring identification and insurance information at time of admission

  • Responsibility to pay bills on time

  • Responsibility to report changes

 

OBRA Law of 1987

 

The Omnibus Budget Reconciliation Act (OBRA) of 1987, which has been updates several times since, was drafted as a response to numerous reports of abuse and poor care within nursing homes. This law established the minimum standards of care in which a facility must comply in long term care. OBRA law requires that states set minimum standards for the type and length of nursing assistant training, develop nursing assistant skill competency, and set up and keep track of annual training for all employees. Nurses must practice within the scope of nursing practice at the level or above the minimum standards set by the board of nursing. The OBRA law also mandates that every state have a registry to track all CNA’s certified within the state. This is also the law that brought about resident rights.

 

Ombudsman

 

The word “ombudsman” originally came from Scandinavia. In parts of Scandinavia, an ombudsman is an official of the government who investigates complaints for the citizens. In the United States, we have adopted the ombudsman approach for the reporting of elder abuse. In Nursing homes, an ombudsman is established by law as the legal advocate for the resident.

 

Ombudsmen visit the facility, listen to residents, and decide what course of action to take if there is a problem. They provide an ongoing presence in long term care facilities, monitoring care and conditions.

 

In some states, a group of specially selected people on a watchdog committee may investigate all reports of abuse that occur in a healthcare facility. It is comprised of citizens who have an active interest in quality care of nursing homes.

 

 

Long Term Care Ombudsman are advocates for residents of nursing homes, boarding and care houses, assisted living facilities, and similar adult care facilities. They work to resolve problems of individual residents and to bring about change at local, state and national levels.

 

While most facilities provide good care in long term facilities, far too many are neglected and other misfortunate incidents do occur. Thousands of trained ombudsman visit nursing homes to be a voice for those who cannot speak up for themselves. The most frequent complaint is lack of proper care due to lack of proper staffing. Ombudsmen help families and patients understand and exercise rights that are guaranteed by law, both at the State and Federal Level.

 

Summary

 

This was intended to give a quick tip over view on various rights that a resident or patient has. Keep in mind that although there are a lot of rights, they also have responsibilities as well. Make sure your resident and family is well informed and provide the best you can to meet the needs of those in your care. Keep in mind that rights are much like how we want to be treated. Treat those like you would expect to be treated in return, and you will have no problem understanding and identifying resident and client rights.

 

References:

 

National Citizen’s Coalition for Nursing Home Reform (NCCNHR)

www.nccnhr.org

 

Long Term Care Ombudsman Program

1-800-677-1116

www.aoa.gov/factsheets/ombudsman.html

Rights and Responsibilities of Patients

Course # 116

2 contact hours

Author: Monica Oram, RN

Upon completion of this course the reader will be able to achieve the following objectives:

  1. Describe resident rights

  2. Understand OBRA law of 1987

  3. List ways to promote client rights

  4. Define types of abuse

  5. Understand how abuse violates patient rights

  6. Understand what an ombudsman does

 

Resident Rights

 

The purpose of resident rights is to inform residents of their rights with in a healthcare facility and to provide rules of ethical conduct for healthcare workers. You must understand resident/ patient rights when providing care to your clients.

 

Quality of life-

Each facility should enhance and maintain the quality of life of each resident. Emphasis should be placed on dignity, choice, and independence for residents.

 

Providing Services and Activities-

The services and activities provided by the facility must maintain the highest physical, mental, and psychosocial well being of each resident in accordance with written plan of care designed to specifically meet the needs of the resident.

 

Short version of residents rights

  • Right to quality of Life

  • Right to participate in own care

  • Right to be fully informed

  • Right to make independent choices

  • Right to privacy and confidentiality

  • Right to dignity, respect, and freedom

  • Right to security of possessions

  • Rights during transfer and discharge

  • Right to complain

  • Right to visits ( go to a doctor or have visitors, clergy, ect.)

 

Residents have these rights as well:

  1. Right to be informed

  2. Right to have a copy of rules and regulations

  3. Right to have the address and phone number of state agencies

  4. Right to see state survey reports

  5. Right to be notified of any change in their plan of care

  6. Right to participate in their plan of care

  7. Right to be informed of changes in medical condition

  8. Right to participate in the planning of their care and discharge

  9. Right to refuse any medication or treatment

  10. Right to review their medical record

  11. Right to make choices

  12. Right to what they wear

  13. Right to how they spend their time during the day

  14. Right to choose own physician

  15. Right to be notified of room change or roommate change

  16. Right to reasonable accommodations

  17. Right to participate in community activities

  18. Right to participate in resident council meetings

  19. Right to private communication

  20. Right to privacy in treatment and care

  21. Right to confidentiality

  22. Right to be treated with dignity

  23. Right to respect

  24. Right to be free from mental and physical abuse

  25. Right to self determination

  26. Right to manage own financial affairs

  27. Right to file a complaint

  28. Right to be free of charge for services covered by Medicare and Medicaid

  29. The right to remain in the facility unless a transfer or discharge is necessary to meet residents well-being. Transfer or discharge because health has improved and resident no longer requires nursing home care. Or to protect safety and well being of staff or other residents. A discharge may be issued for failure to pay bills.

  30. Right to a thirty day notice of transfer or discharge.

  31. Right to file a grievance complaint

  32. Right for the facility to resolve complaints quickly

  33. Right to have visitors

  34. Right to see physician as requested

  35. Right to clergy and religion

  36. Right to be treated with dignity and respect

  37. Right to be free of chemical and physical restraints

  38. Right to manage own money

  39. Right to report grievances without fear of retaliation

  40. Right to communicate privately

  41. Right to receive and send Mail

 

Residents have rights to take an active role in the care that is provided to them. This means including the resident or patient as a partner in the healthcare team as care is planned and carried out.

 

As you can see the list is lengthy, these are by far not all of the resident’s rights. These are just a few of the most important to be aware of.

 

A client’s bill of rights informs the client of their rights and provides an ethical code of conduct for healthcare workers. The resident rights are similar to those in home care settings, and hospitals.

 

All clients have the right to not be discriminated against on the basis of race, sex, religion, creed, or nationality, age, sex, or handicap.

 

Clients and caregivers have a mutual respect for dignity and respect for property.

 

Clients have the right to privacy and confidentiality which will include their medical records not being released or used without the consent of the client.

 

Ways to promote resident/client rights

 

You can help promote resident and client rights by:

  • Watch for and report signs of abuse

  • Follow infection control policies when providing care

  • Communicate with resident and client about care they will be provided

  • Provide privacy during care

  • Make sure resident or client knows how to call for help

 

 

Remember:

  • Do not gossip about a resident or patient

  • Respect a resident or patient’s refusal of care

  • Respect resident or patient’s property

  • Report observations regarding a change in condition

Abuse is an area that needs to be addressed because a violation of abuse issue are a serious violation in the resident and client’s rights to dignity and respect. No person shall be subjected to harm or any means of abuse.

 

For a course on abuse and neglect see course # 125

 

Overview of abuse

 

Types include:

  • Physical

  • Sexual

  • Financial

  • Domestic

  • Involuntary seclusion

  • Exploitation

  • Neglect

  • Verbal/Mental

 

Elder abuse occurs both in Nursing homes and at home. There is no place that is free of abuse. Types of abuse are listed above, however, one must realize the importance of recognizing and reporting abuse as it is a serious part of the resident and client bill of rights to be free of harm, treated with dignity, and respect.

 

RESPONSIBILITIES

In addition to the resident or client having a number of rights, they also have a number of responsibilities as well. The responsibilities include:

  • Following the rules such as where to smoke, when people can visit, ect

  • Treat others with respect

  • Give full information

  • Follow doctors instructions

  • Follow instructions of health care staff

  • Bring identification and insurance information at time of admission

  • Responsibility to pay bills on time

  • Responsibility to report changes

 

OBRA Law of 1987

 

The Omnibus Budget Reconciliation Act (OBRA) of 1987, which has been updates several times since, was drafted as a response to numerous reports of abuse and poor care within nursing homes. This law established the minimum standards of care in which a facility must comply in long term care. OBRA law requires that states set minimum standards for the type and length of nursing assistant training, develop nursing assistant skill competency, and set up and keep track of annual training for all employees. Nurses must practice within the scope of nursing practice at the level or above the minimum standards set by the board of nursing. The OBRA law also mandates that every state have a registry to track all CNA’s certified within the state. This is also the law that brought about resident rights.

 

Ombudsman

 

The word “ombudsman” originally came from Scandinavia. In parts of Scandinavia, an ombudsman is an official of the government who investigates complaints for the citizens. In the United States, we have adopted the ombudsman approach for the reporting of elder abuse. In Nursing homes, an ombudsman is established by law as the legal advocate for the resident.

 

Ombudsmen visit the facility, listen to residents, and decide what course of action to take if there is a problem. They provide an ongoing presence in long term care facilities, monitoring care and conditions.

 

In some states, a group of specially selected people on a watchdog committee may investigate all reports of abuse that occur in a healthcare facility. It is comprised of citizens who have an active interest in quality care of nursing homes.

 

 

Long Term Care Ombudsman are advocates for residents of nursing homes, boarding and care houses, assisted living facilities, and similar adult care facilities. They work to resolve problems of individual residents and to bring about change at local, state and national levels.

 

While most facilities provide good care in long term facilities, far too many are neglected and other misfortunate incidents do occur. Thousands of trained ombudsman visit nursing homes to be a voice for those who cannot speak up for themselves. The most frequent complaint is lack of proper care due to lack of proper staffing. Ombudsmen help families and patients understand and exercise rights that are guaranteed by law, both at the State and Federal Level.

 

Summary

 

This was intended to give a quick tip over view on various rights that a resident or patient has. Keep in mind that although there are a lot of rights, they also have responsibilities as well. Make sure your resident and family is well informed and provide the best you can to meet the needs of those in your care. Keep in mind that rights are much like how we want to be treated. Treat those like you would expect to be treated in return, and you will have no problem understanding and identifying resident and client rights.

 

References:

 

National Citizen’s Coalition for Nursing Home Reform (NCCNHR)

www.nccnhr.org

 

Long Term Care Ombudsman Program

1-800-677-1116

www.aoa.gov/factsheets/ombudsman.html