Kentucky’s elder generation fills the state’s 300 nursing homes and over 26,000 beds receiving daily routine care, basic medical care, and group social activities. Their loved ones expect that their elderly family members in nursing homes also receive the kindness, compassion, and respect for their dignity that they deserve in the declining years. But what aspects of a nursing home resident’s care are just hopes and expectations and what are their actual legal rights under both Federal and state laws?
Understanding a Kentucky Nursing Home Resident’s Rights
Kentucky’s Ombudsman program ensures that nursing home residents and their families and caregivers understand each resident’s rights under federal and state laws. Since the Nursing Home Reform Law enacted by the U.S. Congress in 1987, nursing home residents have guaranteed rights. Under Federal §483.10 Resident Rights, the law states the following:
“The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility.”
A nursing home resident’s rights emphasize protection for their human dignity in all interactions. Under Kentucky and Federal law a nursing home resident has a right to the following:
- A dignified existence: caregivers must treat residents with respect and compassionate care that maintains or enhances their quality of life and upholds their individuality
- A written care plan that the resident prepares or participates in creating whenever possible or practical, and otherwise created by their closest family member or personal representative
- To be treated with respect and consideration, including being addressed by caregivers the way they wish to be addressed (by first or last name, or Mr. Mrs., etc)
- To be safe and free of mental or physical abuse, involuntary seclusion or isolation, physical restraints, chemical restraints, and corporal punishment
- To caregivers who are prohibited from refusing care due to a resident’s sexual orientation or gender identity
- Activities and recreation that stimulate social and mental well-being
- Self-determination, or the right to make daily decisions for themselves and participate in decisions that affect them
- To share a room with a spouse when a spouse lives in the same facility and both spouses consent
- To choose a roommate whenever practicable
- To receive visits from friends and family members or to decline visits
- To interact and participate in their community and activities inside and outside of the facility
- To have their possessions secure and free from theft
- The right to be fully informed of the facility’s costs
Nursing home residents also have the right to a 30-day discharge notice and to remain in a facility until other arrangements are made that meet state laws.
What If a Kentucky Nursing Home Resident’s Rights Are Violated?
When a nursing home fails to meet the standards of care and the result is a violation of the resident’s rights, it’s an act of negligence. When the violation causes physical harm in cases of nursing home neglect or physical, sexual, or emotional abuse, the resident or their family member may file a personal injury or wrongful death claim. Contact the Louisville nursing home abuse attorneys at Gray & White Law to get justice for your loved one.