The myths surrounding the rights of residents in long-term care (LTC) communities are pervasive. There’s an assumption that when someone becomes a resident of an LTC community, they are saying goodbye to most freedoms, especially choice. Fortunately for residents, these myths are untrue.
Nursing Home Reform Act
The Nursing Home Reform Act of 1987 was passed to address neglect and abuse concerns in long-term care communities. This act established required services for residents and resident rights, which includes the right to choose:
- regarding healthcare
- visitors,
- treatment,
- refusal of treatment,
- and more.
To be eligible for Medicare or Medicaid funding, an LTC community must be licensed and obligated to provide these services laid out in the Nursing Home Reform Act and uphold resident rights.
The Role of Ombudsmen
So what do residents and families do when LTC communities fall short? Who do they turn to when their rights are being ignored? Who will listen? That’s where VOYCE and the Long-term Care Ombudsman Program comes in.
Recognizing that residents need someone to stand up for these rights, the Long-Term Care Ombudsman Program was created, establishing ombudsmen as advocates for LTC communities’ residents. Ombudsmen work with residents to resolve issues, address complaints, and are a voice for them, acting only with explicit permission. They educate residents, resident families, LTC community representatives, staff, and the community. Ombudsmen empower residents, providing compassion and support.
To put it simply, ombudsmen are the VOYCE for residents. Learn more about resident rights and the ombudsman program.
Does an assisted living facility have the right, without permission from the resident, to search a resident’s room for medications, if they suspect the resident is taking over-the-counter medications, not on the list of medications being dispensed by the facility?
Hello, Tom. Thank you for reaching out. We would need a little more information about your specific situation to accurately answer your question. Please feel free to reach out to an ombudsman by phone or email to discuss your concerns:
https://www.voycestl.org/how-help/ombudsman-program/request-ombudsman/
I’m in a nursing facility in bay city tx, its ridiculous how this place is ran, the administer is 23 yes old he’s a huge jerk even the staff hates him, they have rude cnas and nurses, your personal business is spread and known by all staff members, that’s a happy violation obviously. Every staff member knew my past and treated me horribly. The administer has accused me of some horrible things that are all complete blatant lies. When I asked who accused me he couldn’t tell me and no one else has heard these rumors including staff , the accusations are mentally stressful and very false. The staff even say how messed up everything is here they only stay because they close with the residents. My brother, my only family member is not allowed to visit due to past accusations years ago. I’ve been trying to get to see pain management for 2 myths, and still waiting, I have a cardiac consult, waiting for someone to find the time while I guess I just hope my heart holds up. I’ve been a victim of mental abuse and false accusations what can I do without them knowing I said this because I will only be treated worse , thank you.
Jessica, I am sorry to hear about the difficulties you are facing. I would recommend reaching out to your ombudsman. The long-term care ombudsman is a free, confidential service. They can provide you with information on your rights and what options you have. Here is the contact information for the ombudsman in your area:
Managing Local Ombudsman: Lisa Hayes
Phone: 713-627-3200 or 800-252-2412
Email: lisa.hayes@h-gac.com