THE OHIO REVISED CODE SECTION 3721.13 addresses the rights granted to all residents who enter a nursing home or assisted living. One such right that we will discuss below is the right to participate and make decisions about your own life. The right reads: “The right to participate in decisions that affect the resident’s life, including the right to communicate with the physician and employees of the home in planning the resident’s treatment or care and to obtain from the attending physician complete and current information concerning medical condition, prognosis, and treatment plan, in terms the resident can reasonably be expected to understand; the right of access to all information in the resident’s medical record; and the right to give or withhold informed consent for treatment after the consequences of that choice have been carefully explained.”
To exercise this right, it is important upon entry to the nursing home that the resident requests a copy of their care plan. The care plan should be inspected for accuracy and include a resident’s diagnoses and medications. In addition to addressing the resident’s physical health needs, it must also address the mental and social needs of the resident. If the resident finds any discrepancies in the plan, they should speak with the Director of Nursing or Social Services Director as soon as possible. Resident preferences and choices should be reflected in the written plan. It is important to note that residents have the right to decline any proposed treatments.
To exercise this right, a resident should be educated regarding the health benefits and health consequences of a particular treatment. Once informed, the resident has the right to consent or, if they would like, to decline that particular treatment. Care plans must be updated when the resident’s health needs improve or decline, factoring in the choices residents make about treatment.
Ombudsmen can assist residents with self-advocacy. If a resident is experiencing difficulty expressing their own wishes, we can speak with them privately and then assist in communicating with loved ones and care providers. For more information about receiving Ombudsman services or becoming a Certified Ombudsman Associate Volunteer, please call 419-259-2891 or 800-542-1874. Services are confidential and provided free of charge.
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