Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Chapter 2 Chapter 2 Resident Rights

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. The Omnibus Budget Reconciliation Act of 1987 (OBRA)  OBRA is a federal law that applies to all 50 states.  Resident rights are a major part of OBRA. Slide 2

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Resident Rights  Residents have rights:  As United States citizens  Relating to their everyday lives and care in a nursing center  Nursing centers must inform residents of their rights:  Orally and in writing  Before or during admission to the center  In the language the person uses and understands Slide 3

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc.  Residents have the right to:  Information  Refuse treatment  Privacy and confidentiality  Personal choice  Voice disputes and grievances  Not work  Take part in resident and family groups  Care and security of personal items  Freedom from abuse, mistreatment, and neglect  Freedom from restraint  Quality of life  Activities Slide 4

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. The Right to Refuse Treatment  Treatment means the care provided to maintain or restore health, improve function, or relieve symptoms.  A person who does not give consent or refuses treatment cannot be treated against his or her wishes.  Advance directives are part of the right to refuse treatment. Slide 5

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. The Right to Personal Privacy  Staff must provide care in a manner that maintains privacy of the person’s body.  Only staff directly involved in care and treatments are present.  The person must give consent for others, including students, to be present.  Privacy is maintained for all personal care measures.  Residents have the right to visit with others in private. Slide 6

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to Confidentiality  Confidentiality applies to medical and financial records.  Consent is needed to release them to other agencies or persons. Slide 7

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Personal Choices  Residents have the right to make their own choices about activities, schedules, their care and treatment, their friends, and all daily activities.  Personal choice promotes quality of life, dignity, and self-respect. Slide 8

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to Voice Grievances  Residents have the right to voice concerns, questions, and complaints about treatment or care.  The center must promptly try to correct the matter.  No one can punish the person in any way for voicing the grievance. Slide 9

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to Not Work or Work  The person does not work for care, care items, or other things or privileges.  However, the person has the right to work or perform services if he or she wants to.  Residents volunteer or are paid for their services. Slide 10

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to Form and Take Part in Resident or Family Groups  Residents also have the right to take part in social, cultural, religious, and community events.  Residents have the right to help in getting to and from events of their choice. Slide 11

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to Keep and Use Personal Items  Treat the person’s property with care and respect.  The person’s property is protected.  Protect yourself and the center from being accused of stealing a person’s property.  Have a coworker present if you need to inspect closets or drawers. Slide 12

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to be Free From Verbal, Sexual, Physical, and Mental Abuse  Abuse means:  The willful infliction of injury, unreasonable confinement, intimidation (to threaten to hurt or punish), or punishment that results in physical harm, pain, or mental anguish  Depriving the person of the goods or services needed to attain or maintain well-being.  They also have the right to be free from involuntary seclusion: Separating a person from others against his or her will Separating a person from others against his or her will Keeping the person to a certain area Keeping the person to a certain area Keeping the person away from his or her room without consent Keeping the person away from his or her room without consent Slide 13

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to Freedom From Restraint  Residents have the right not to have body movements restricted.  A doctor’s order is needed for restraint use.  Restraints are used only if required to treat the person’s medical symptoms. Slide 14

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Teamwork and Time Management: Activities  Residents may need help getting to and from activity programs.  Know when an activity begins and ends.  Do the following to assist:  Assist with elimination needs and hand washing.  Assist with grooming measures such as brushing hair. Make sure the person wears the correct clothing and footwear for the activity.  Make sure the person has needed assistive devices.  Allow minutes to assist residents to and from the activity area. Slide 15

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Right to Appropriate Environment  The center’s environment must:  Promote quality of life.  Be clean, safe, comfortable, and as home-like as possible.  Meet the person’s needs and preferences.  Try to change schedules, call systems, and room arrangements to meet the person’s desires and needs. Slide 16

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Ombudsman Program  An ombudsman is someone who supports or promotes the needs and interests of another person.  Long-term care ombudsmen:  Are employed by a state agency  Act on behalf of nursing center and assisted living residents  Protect the health, safety, welfare, and rights of residents Slide 17

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Ombudsman Services  A long-term care ombudsman program is required by law in every state.  An ombudsman is someone who supports or promotes the needs and interests of another person.  OBRA requires that nursing centers post the names, addresses, and phone numbers of local and state ombudsmen. This information must be posted where residents can easily see it. Slide 18

Copyright © 2011, 2007, 2003, 1999 by Mosby, Inc., an affiliate of Elsevier Inc. Quality of Life  OBRA is concerned with the quality of life, health, and safety of residents.  All care must maintain or improve each person’s quality of life. Slide 19