More than luck: resident rights are the law

THE LONG-TERM CARE OMBUDSMAN PROGRAM provides long-term care consumers with information about their rights and advocacy to exercise their rights.

The program is housed at the state level under The Ohio Department of Aging and is locally sponsored by Advocates for Basic Legal Equality (ABLE). Resident Rights can be found in both federal and state laws.

Certified Ombudsman staff and volunteers make visits to residents of nursing homes and assisted living facilities to inform residents of their rights and to provide advocacy to exercise their rights when needed. Certain adult group home residents, home care consumers, hospice consumers and MyCare consumers, are also eligible to receive services. Services are provided free of charge.

A detailed list of long-term care resident rights is found in the Ohio Revised Code section 3721.13.

For the purposes of this series, 19-24, the rights in the Ohio Revised Code include: 19. The right to retire and rise in accordance with the resident’s reasonable requests, if the resident does not disturb others or the posted meal schedules and upon the home’s request remains in a supervised area, unless not medically advisable as documented by the attending physician;

20. The right to observe religious obligations and participate in religious activities; the right to maintain individual and cultural identity; and the right to meet with and participate in activities of social and community groups at the resident's or the group’s initiative; 21. The right upon reasonable request to private and unrestricted communications with the resident’s family, social worker, and any other person, unless not medically advisable as documented in the resident's medical record by the attending physician, except that communications with public officials or with the resident’s attorney or physician shall not be restricted. Private and unrestricted communications shall include, but are not limited to, the right to: a. Receive, send, and mail sealed, unopened correspondence; b. Reasonable access to a telephone for private communications; c. Private visits at any reasonable hour.

22. The right to assured privacy for visits by the spouse, or if both are residents of the same home, the right to share a room within the capacity of the home, unless not medically advisable as documented in the resident's medical record by the attending physician.

23. The right upon reasonable request to have room doors closed and to have them not opened without knocking, except in the case of an emergency or unless not medically advisable as documented in the resident's medical record by the attending physician; 24. The right to retain and use personal clothing and a reasonable number of possessions, in a reasonably secure manner, unless to do so would infringe on the rights of other residents or would not be medically advisable as documented in the resident’s medical record by the attending physician; It is important to remember that Resident Rights are the foundation for quality of life and quality of care for persons living in nursing homes and assisted living facilities.

Look for more Resident Rights in April. Expect excellence!

For more information about the Long-Term Care Ombudsman volunteer program, receive advocacy services, or to discuss your or a loved one’s rights, please call our confidential intake line at 419-259-2891. ✲