THE RULES THAT GOVERN NURSING HOME OPERATIONS are written into federal and state law. Residents in nursing homes have the right to participate actively in their care and voice any concerns. Residents have the right to do so without repercussions from the home and the right to resolution that is satisfactory.
Upon entering a facility, a care plan is created that addresses all aspects of a resident’s care, including medications; therapies; diet; physical, social, emotional, and spiritual needs; and preferences. The care plan serves as the primary tool instructing staff how to care for the resident. Residents should have a copy of their plan and advocate for it to be followed. There are mandated intervals for the facility to review and update the plan; however, any time a change is made to resident care or preference, it should be recorded in the plan. Residents have the right to request changes and modifications to the care plan at any time.
Facilities are required to have a formal grievance process. To file a grievance, a resident confirms with a designated staff person that their concern is documented in writing on appropriate forms. The facility is required to investigate and resolve the concern. The facility’s actions are also documented and reported to the resident.
Facilities must allow for residents to have a council. Resident councils are a tool for residents to meet in a group, with or without facility staff, and discuss common concerns and ideas for resolution. Notes are kept by either a secretary or appointed staff member, and the facility should provide the council updates regarding steps taken to address any concerns presented. A family council functions in a similar manner and is comprised of family members active in resident care.
Care plans, grievances, and councils are important tools to utilize in addressing concerns. Sometimes it can be hard to know what questions to ask or with whom to speak. When in doubt, ask a facility leader, such as the administrator, director of nursing, or social worker, for help resolving a concern.
The staff and volunteer Long-Term-Care Ombudsmen visit facilities regularly to inform residents of their rights and, if needed, assist with advocacy. We can also be accessed by calling 800-542-1874 or 419-2592891. Services provided are free and confidential. To receive assistance or for more information about becoming a certified volunteer, give us a call today!
Lori Davis is an Ombudsman Specialist/ Volunteer Coordinator. ✲
