THE RESIDENTS

RIGHTS
NATCEP Day Two

OBJECTIVES
Identify legal rights of the resident contained in the OBRA
Discuss ways to respect residents rights

RESIDENT RIGHTS
Legal Rights of the residents
Outlined in OBRA
Must be read and signed by each resident and/or their

legal representative and be included in the medical

record

RIGHT TO INFORMATION

Access to all records about the person

Medical record

Contracts

Incident reports

Financial records

The person has the right to be fully informed of his or her

health condition.

The person must also have information about his or her

doctor.

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REFUSING TREATMENT

The person has the right to refuse treatment.

A person refusing treatment cannot be treated against his or her

wishes.

Advance directives are part of the right to refuse treatment.

Living wills

Instructions about life support

Report treatment refusal to the nurse.

The persons care plan may be changed.

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PRIVACY AND CONFIDENTIALITY

Residents have the right to personal privacy.

Staff must provide care in a manner that maintains privacy of the persons
body.

The residents have the right to visit with others in private.

Residents have the right to make phone calls in private.

The right to privacy also involves mail.

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PERSONAL CHOICE

Residents have the right to make their own choices.

Choosing their own doctors

Taking part in planning and deciding about their care and

treatment

Choosing activities, schedules, and care based on their

preferences

Personal choice promotes quality of life, dignity, and selfrespect.

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IMPRINT OF ELSEVIER INC. ALL RIGHTS
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GRIEVANCES

Residents have the right to voice concerns, questions,

and complaints about treatment or care.

Problem may involve another person.

Problem may be about care given or not given.

The center must promptly try to correct the matter.

No one can punish the person in any way for voicing the
grievance.

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WORK

The person has the right to work or perform services if he

or she wants to.

Other persons need work for rehabilitation or activity

reasons.

He or she does not work for care, care items, or other things or
privileges.

Some people like to garden, repair or build things, clean, sew, mend,
or cook.

Residents volunteer or are paid for their services.

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TAKING PART IN RESIDENT

GROUPS

The person has the right to form and take part in resident
groups. They can:

Discuss concerns and suggest center improvements.

Support each other.

Plan activities.

Take part in educational activities.

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PERSONAL ITEMS

Residents have the right to keep and use personal items.

Treat the persons property with care and respect.

Type and amount depend on space needs and the health and safety of
others
The center must investigate reports of lost, stolen, or damaged items.

The persons property is protected.

Do not go through a persons property without his or her knowledge and

consent.

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FREEDOM FROM ABUSE,

MISTREATMENT, AND NEGLECT

Residents have the right to be free from verbal, sexual,

physical, and mental abuse. They also have the right to be
free from involuntary seclusion.

No one can abuse, neglect, or mistreat a resident.

Nursing centers must investigate suspected or reported cases of

abuse.

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FREEDOM FROM RESTRAINT

Residents have the right not to have body movements

restricted.

Restraints

Drugs

Restraints may be used only if required to treat the

persons medical symptoms.

Doctors order is needed.

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QUALITY OF LIFE

Residents have the right to quality of life.

Protecting this right promotes quality of life and shows respect for
the person.

Residents must be cared for in a manner and setting that

promote dignity and respect for self.

C O PY R I G H T 2 0 1 2 BY M O S BY , A N
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ACTIVITIES

Residents have the right to activities that enhance each

persons physical, mental, and psychosocial well-being.

Activities must have a purpose and relate to the persons needs,

interests, culture, and background.

You assist residents to and from activity programs.

C O PY R I G H T 2 0 1 2 BY M O S BY , A N
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ENVIRONMENT

Residents have the right to a safe, clean, comfortable,

and home-like setting.

Allow the person to have and use personal items to the full extent
possible.

Provide a setting and services that meet the persons needs and
preferences.

Promote the persons independence, dignity, and well-being.

C O PY R I G H T 2 0 1 2 BY M O S BY , A N
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THE OLDER AMERICANS ACT

(OMBUDSMAN PROGRAM)

The Older Americans Act is a federal law.

The law requires a long-term care ombudsman program in every state.

Residents have the right to voice grievances and disputes.

OBRA requires that nursing centers post the names, addresses, and
phone numbers of local and state ombudsmen where residents can
easily see them.

C O PY R I G H T 2 0 1 2 BY M O S BY , A N
IMPRINT OF ELSEVIER INC. ALL RIGHTS
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SUMMARY OF
RESIDENT
RIGHTS
NATCEP Day Two

OBJECTIVES
Describe the role of the Ohio long-term care ombudsman

program
Identify examples of ways to promote the residents right to

personal choices
Describe methods of providing the resident with privacy
Describe methods to maintain confidentiality
Describe ways to ensure the security of the residents

possessions
Describe abuse, mistreatment, neglect and exploitation
Demonstrate techniques to help the resident resolve

grievances or complaints

THE ROLE OF THE OMBUDSMAN

Basic Role

Investigate and resolve complaints

Educator for residents, family and staff

Consultant to LTCF
Contact information for the ombudsman is located in

each facility

RESIDENT CHOICES
Encourage participation in self-care
Know activities available facilitate participation
Understand right not to participate
Encourage and facilitate residents participation in

resident and family groups

PRIVACY
In the residents room

Knock & get permission before entering

Keep doors open or closed as preferred

Enter closets and drawers only with permission

During visits

Knock & get permission before entering

Close doors if requested

Dont eavesdrop

PRIVACY
During phone conversations

Provide privacy

During treatments, procedures and/or exams

Close door

Draw privacy curtain

Use sheets or blankets to shield body

CONFIDENTIALITY
Discuss information only with those involved in the care

of the resident

Be aware of where you are discussing

Refer questions to the charge nurse

Never release information to the news media
Violate?

RESIDENTS POSSESSIONS
Know how the resident want them handled
Make suggestions how to secure
Know related facility policies
Help residents access stored items

ABUSE
Verbal

Name calling, foul language directed at resident intended to cause

mental anguish

Physical

Inflict physical harm/injury

Hit

Pinch

Slap

Kick

Push

MISTREATMENT
Treat badly

NEGLECT
Fail to provide care that a reasonably prudent person with

the same training would provide in the same situation

that results in injury to the person

Fail to clean an incontinent resident

Lice didnt provide personal hygiene care

EXPLOITATION
Manipulate a vulnerable person for personal gain

GRIEVANCES OR COMPLAINTS
Know facility policies and procedures
Know role of ombudsman and state agencies

Where are contact numbers located?

Know your duty when a resident wants to report abuse,

neglect or mistreatment