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Every October is Resident Rights Month


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10/22/2014
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nursing home resident rightsSenior citizens receiving nursing home or assisted living care in North Carolina have rights year-round, but every October a national campaign is held to spread awareness of these rights. Resident Rights Month helps aging Americans and their families understand more about caregiver obligations. Knowing the law may help individuals notice violations and prevent neglect. Our North Carolina elder abuse attorneys review several state laws below:

North Carolina's Adult Care Home Bill of Rights

The North Carolina Division of Aging and Adult Services offers an abbreviated version of the state laws protecting rights of seniors receiving care. In all, there are 17 rights and we include five below with a link to read the full text:

  1. Care must be conducted with dignity and respect. Individual privacy should be respected.
  2. Adequate and appropriate care that complies with state and federal regulations.
  3. Once admitted to a care facility, services and fees must be furnished in writing to the resident. 
  4. Not subject to abuse or neglect, both mental and physical. 
  5. No chemical or physical restraint, except in emergencies or as directed by a physician. 

 

Read the full Bill of Rights.

 

North Carolina's Bill of Rights for Nursing Home Residents

Adult care facilities are different from nursing homes. Individuals who reside in nursing homes in North Carolina are protected by a separate bill of rights. Brent Adams & Associates offers nursing home abuse lawyers in Raleigh, Cary, Fayetteville, Clinton and Dunn who serve the entire state. We review 5 of the 16 state rights and a link to the full text below:

  1. Respectable and dignified care.
  2. Adequate and appropriate care that complies with state and federal law.
  3. Care and charges should be provided in writing at the time of admission into a nursing home. The list of services will describe services not covered by public benefit programs, like Medicaid and Medicare. 
  4. Written medical treatment supplied by a physician must be kept on file.
  5. Medical and personal care must remain confidential with respect to the resident's privacy.

 

Read the full Nursing Home Resident Bill of Rights.

 

Federal Laws

In addition to state laws and regulations, our elder abuse lawyers include several federal pieces of legislation that further preserve the rights of seniors:

1987 Nursing Home Reform Law - This law provides guidelines for every nursing home to follow nationwide. This includes requirements for respect, dignity, the responsibility to keep patients and family full informed, and provides residents with the rights to complain, participate in their own care, to privacy, and specific rights in the event of discharge or transfer.

Storm & Emergency Plans - Federal law requires that Medicare and Medicaid-certified facilities have written plans and procedures to meet all potential emergencies and provide training to employees in emergency procedures. 

Medicare Rights - A series of rights are afforded to individuals who receive Medicare. They include, but are not limited to: privacy, right to receive appropriate care, and protection from unethical practices.

 

More laws exist than are noted above. Our nursing home abuse lawyers are available to discuss more. You may be concerned about a loved one's care at an adult care facility or a nursing home, but there may be more violations than you initially suspect. Our attorneys review cases at no cost and only collect a fee if we win compensation for you. If your loved one is receiving care as noted above, they are fortunate to have the protection of state and federal laws. Unfortunately, some care facilities and providers do not always follow the law and your relative or friend's rights may be violated. Let us know your concerns and we can help you understand your rights. In the event you choose to proceed with a case, we can help handle negotiations in and out of court.



Category: Nursing Home Neglect


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