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Nursing Home & Assisted Care Abuse

Rights of Individuals Living in Nursing Homes

Nursing homes serve a tremendous purpose for the aging population in New York. A nursing home facility is designed to provide medical care, safety and shelter for the elderly. While many residents living in nursing homes do receive quality care and medical treatment, some are unfortunately the victims of nursing home abuse and neglect.

Skilled nursing facilities are regulated by state and federal laws and must adhere to certain established standards. Federal requirements have to be met if the facility participates in Medicare or Medicaid. These nursing homes are required by law to establish policies that prohibit mistreatment, abuse and neglect among the residents. Nursing home residents also have legal rights and these rights are guaranteed by the federal 1987 Nursing Home Reform Act. Nursing homes must promote and protect the rights of each resident under the law.

According to the Nursing Home Reform Act, nursing homes are required to care for residents in a way that promotes and enhances their quality of life. Based on this regulation, nursing homes must “provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial wellbeing of each resident in accordance with a written plan of care.”

The Nursing Home Reform Act established nursing home resident rights, which include some of the following:

Right to be fully informed about medical treatment
Right to privacy
Right to file a complaint

Right to be informed of all changes in medical condition

Right to see relatives, friends and other people

Right to refuse treatment

Right to be treated with dignity and respect

Right to keep personal possessions

Right to be free from physical or mental abuse

This list is just a sample of the many rights of nursing home residents. If you or a family member has been the victim of nursing home neglect or abuse, contact an experienced New York nursing home abuse lawyer at the law firm of Rappaport, Glass, Greene and Levine at 800.734.9445 for legal advice.