Ramah Care Services

Persons Served Rights

The Right to INFORMATION

  • The resident has the right to all records. This includes the medical record, contracts, incident reports, and financial records.
  • The request can be oral or written.
  • The record must be available within 24 hours of the request.
  • The agency has 2 working days to provide requested photocopies.
  • The person must be fully informed of his or her total health condition.
  • Information is given in language the person can understand.
  • Interpreters are used for those speaking a language other than English.
  • Sign language or other aids are used for persons with hearing impairments.
  • The person is given information about his or her doctor. This includes the doctor's name, specialty, and how to contact the doctor.


The Right to REFUSE TREATMENT

  • OBRA defines treatment as care provided to relieve symptoms, improve functional level, maintain or restore health. A person who does not give consent or refuses treatment cannot be given the treatment.
  • The agency must find out what the resident is refusing and why. The agency should try to educate the person about the treatment, problems from not having treatment, and other treatment choices.
  • Although the resident may refuse a specific treatment, the agency must provide all other services.
  • Advance directives are part of the right to refuse treatment (see chapter 36). They include living wills and other instructions about life support.
  • The resident has the right to refuse to take part in research.


The Right to PRIVACY

  • The resident's body must not be exposed unnecessarily.
  • Only those workers directly involved in care, treatments, or examinations should be present. The resident must give consent for others to be present.
  • A resident has the right to use the bathroom in private.
  • Privacy must be maintained for personal care activities.
  • Residents have the right to visit with others in private.
  • They have the right to visit in an area where they cannot be seen or heard by others. The agency must try to provide private space when it is requested. Offices, chapels, dining rooms, meeting rooms, activity rooms, and conference rooms can be used if available.
  • Residents have the right to private telephone conversations.
  • Residents have the right to send and receive mail without interference by others.
  • Letters sent and received by the residents are not opened by others without the resident's permission.
  • Mail must be delivered to the resident within 24 hours of its delivery to the center.

 

The Right to CONFIDENTIALITY

  • Information about the resident's care, treatment, and condition must be kept confidential.
  • Medical and financial records are confidential.
  • The resident must give consent for the release of any record to other agencies or persons.
  • Consent is not needed for the release of medical records when the resident is transferred to another agency.
  • Consent is not needed to release records when they are required by law for insurance purposes. 

The Right to FREEDOM FROM ABUSE, MISTREATMENT, AND NEGLECT
  • Residents must be free from verbal, sexual, physical, or mental abuse (see chapter 2).
  • Residents have the right to be free from involuntary seclusion.No one can abuse, neglect, or mistreat the resident. This includes center staff, volunteers, staff from other agencies or groups, other residents, family, visitors, and legal guardians.
    • Involuntary seclusion is separating the resident from others against his or her will. It can also mean keeping the person confined to a certain area or away from his or her room without consent.
  • Agencies must have policies and procedures for investigating suspected or reported cases of resident abuse.
  • Long-term care centers cannot employ persons who were convicted of abusing, neglecting, or mistreating other individuals.


The Right to FREEDOM FROM RESTRAINTS

  • Residents have the right not to have body movements restricted.
  • Restraints (see chapter 10) and some drugs restrict body movements. Some drugs restrain the person because they affect mood, behavior, and mental function.
  • A doctor's order is necessary to use restraints.
  • Sometimes residents are restrained to protect them from harming themselves or others.
  • Restraints cannot be used for the convenience of the staff or to discipline a resident.


The Right to QUALITY OF LIFE

  • Residents must be cared for in a manner that promotes dignity, self-worth, and physical, psychological, and emotional well-being.
  • Personal choice, privacy, participation in group activities, having personal property, and freedom from resident show respect for the person.
  • The resident is spoken to in a polite and courteous manner (see chapter 6).
  • Good, honest, and thoughtful care enhances the resident's quality of life.
  • The actions in Box 5-6 on P.92 show concern for the person's dignity and privacy. These actions are required by OBRA.
  • Long-term care centers must provide activity programs that meet the interests and physical, mental, and psychosocial needs of each resident.
  • Activities must allow personal choice and promote physical, intellectual, social, and emotional well-being.
  • The center’s environment must promote quality of life.
  • The environment must be clean and safe and be as homelike as possible.
  • Residents are allowed to have personal possessions. This allows personal choice and promotes a homelike environment.