1. Chapter 2
The Person’s Rights

2. Bellringer Read pages 12 – 16
Patient Care Partnership – State the 6 categories of expectations, rights, and responsibilities. Be prepared to discuss!
Describe the purpose of the Omnibus and Reconciliation Act of 1987.
State the 11 categories of Resident Rights covered by OBRA.

3. Patient Rights
The Patient Care Partnership: Understanding expectations, Rights, and Responsibilities
Explains the person’s rights and expectations during hospital stays
Right to know who is involved in their care (doctors, nurses, students, etc.)
Patient has right to make informed decisions
Right to consent or refuse treatment
Health team is expected to respect the patient’s health care goals, values, and spiritual beliefs.
Patient shares power of attorney, living will, and advanced directive documents
Confidentiality
Hospital coordinates with community caregivers.
Hospital provides information and training about self-care
Hospital files insurance claims

4. Resident Rights - OBRA
Omnibus Budget Reconciliation Act of 1987 – FEDERAL LAW
Medicare & Medicaid Services are responsible for enforcing OBRA
Requires nursing centers to maintain or improve each person’s quality of life, health, and safety
Nursing assistant training and competency evaluation are part of OBRA
Residents rights are a major part of OBRA
Representative – person with legal right to act on the patient’s or residents’ behalf when he or she cannot do so for himself or herself

5. Resident Rights Treated with dignity and respect
Informed orally and in writing of his or her rights
Exercise rights as a U.S. citizen
Refuse treatment
Choose doctor
Manage financial affairs
Privacy and confidentiality
Send and receive mail
Have personal items and clothing
Refuse to change to a different room
Free from abuse
Take part in social, religious, and community activities

6. Resident Rights Right to Information
Access all records about that person
Medical record, contracts, incident reports, financial records
Report request for information to nurse
Refusing Treatment
Treatment – care provided to maintain or restore health, improve function, or relieve symptoms
Treatment cannot be provided against person’s wishes
Find out reason for refusal, provide other treatment options
Advanced Directives
Written instructions about health care when person is not able to make decisions
Living Wills - Instructions about life support

7. Resident Rights Privacy and Confidentiality
Care that maintains privacy of the person’s body
Consent needed for student to observe treatment
Privacy curtains, doors, window coverings
Right to visit with others in private, areas where others cannot see or hear them
Make phone calls in private
Right to receive and send mail without others interfering
Unopen mail delivered to person within 24 hours
Information about person’s care, treatment, and condition is kept confidential, along with medical and financial records

8. Residents Rights Personal Choice Right to make their own decisions
Choose doctors
Choose friends and visitors
Plan and decide about care and treatment
Choose activities and care
Grievances
Right to voice concerns, questions, and complaints about treatment and care

9. Residents Rights
Work
Right to work or perform services if he or she want to do so.
Garden, repair or build items, clean, sew, etc… for rehab or activity reasons
Volunteer or are paid for services
Taking Part in Resident Groups
Right to take part in social, cultural, religious, and community events

10. Residents Rights Personal Items
Treat person’s property with care and respect
Items are labeled
Do not go through a person’s personal space without their consent
Freedom From Restraint
Right not to have body movements restricted
Doctor’s order is needed for restraint use

11. Residents Rights Freedom From Abuse, Mistreatment, and Neglect
Right to be free from verbal, sexual, physical, and mental abuse
Abuse –
Willful infliction of injury, unreasonable confinement, intimidation, or punishment that result in physical harm, pain, or mental anguish.
Depriving person of the goods or services needed to attain or maintain well-being.
Involuntary Seclusion –
Separating person from others against his or her will
Keeping the person to a certain area
Keeping the person away from his or her room without consent

12. Residents Rights Quality of Life
must be cared for in a setting that promotes dignity and respect for self
Care must promote physical, mental, and social well-being
Show respect for the person
Good, honest, and thoughtful care enhances person’s quality of life
Address person by his or her title and last name, NOT sweetheart, honey, Grandpa
Activities
Right to activities that enhance each person’s physical, mental, and psycho-social well-being
Bingo, card game, writing a letter, computer game, nail painting, etc.

13. Residents Rights Environment
Right to a safe, clean, comfortable, and home-like setting
Center must provide a setting and services that meet person’s needs and preferences

14. Ombudsman Program Ombudsman
Someone who supports or promotes the needs and interests of another person
Act on behalf of persons receiving health care
Protect person’s health, safety, welfare, and rights
Ombudsman at local and state level: name, address and phone numbers must be posted.