The Right to INFORMATION |
- The resident has the right to all records, including:
- Medical Records
- Contracts
- Incident Reports
- Financial Records
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- The request can be oral or written.
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- The record must be available within 24 hours of the request.
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- The agency has 2 working days to provide requested photocopies.
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- The person must be fully informed of his or her total health condition.
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- Information is given in language the person can understand.
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- Interpreters are used for those speaking a language other than English.
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- Sign language or other aids are used for persons with hearing impairments.
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- Residents have a right to information regarding their health care provider(s), including:
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The Right to REFUSE TREATMENT |
- OBRA defines treatment as care provided to relieve symptoms, improve functional level, maintain or
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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
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the person about the treatment, problems from not having the treatment and other treatment |
choices. |
- Although the resident may refuse a specific treatment, the agency must provide all other services.
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- Advance directives are part of the right to refuse treatment. They include living wills and other
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instructions about life support. |
- The resident has the right to refuse to take part in research.
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The Right to PRIVACY |
- The resident's body must not be exposed unnecessarily.
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- Only those workers directly involved in care, treatments, or examinations should be present. The
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resident must give consent for others to be present. |
- A resident has the right to use the bathroom in private.
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- Privacy must be maintained for personal care activities.
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- Residents have the right to visit with others in private. They have the right to visit an area where
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they cannot be seen or heard by others. The agency must try to provide a 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.
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- Residents have the right to send and receive mail without interference by others.
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- Letters sent and received by the residents are not opened by others without the resident's
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permission. |
- Mail must be delivered to the resident within 24 hours of its delivery to the center.
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The Right to CONFIDENTIALITY |
- Information about the resident's care, treatment, and condition must be kept confidential.
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- Medical and financial records are confidential.
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- The resident must give consent for the release of any record to other agencies or persons.
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- Consent is not needed for the release of medical records when the resident is transferred to
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another agency. |
- Consent is not needed to release records as required for legal and insurance purposes.
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The Right to FREEDOM FROM ABUSE, MISTREATMENT, AND NEGLECT |
- Residents have the right to be free from verbal, sexual, physical and mental abuse.
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- Residents have the right to be free from neglect and mistreatment.
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- Residents have the right to be free from involuntary seclusion, which includes:
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- Separating the resident from others against his or her will;
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- Keeping the resident confined to a certain area;
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- Keeping the resident away from their room without consent.
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- Long-term care centers cannot employ persons who were convicted of abusing, neglecting or
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mistreating other individuals. |
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The Right to FREEDOM FROM RESTRAINTS |
- Residents have the right not to have body movements restricted.
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- Restraints and some drugs restrict body movements. Some drugs restrain the person because they
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affect mood, behavior and mental function. |
- A doctor's order is necessary to use restraints.
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- Sometimes residents are restrained to protect them from harming themselves or others.
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- Restraints cannot be used for the convenience of the staff or to discipline a resident.
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The Right to QUALITY OF LIFE |
- Residents must be cared for in a manner that promotes dignity, self-worth, and physical,
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psychological and emotional well-being. |
- Personal choice, privacy, participation in group activities, having personal property, and freedom
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from resident show respect for the person. |
- The resident is spoken to in a polite and courteous manner.
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- Good, honest, and thoughtful care enhances the resident's quality of life.
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- Residents have a right to dignity and privacy. These actions are required by OBRA.
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- Long-term care centers must provide activity programs that meet the interests and physical, mental
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and psycho-social needs of each resident. |
- Activities must allow personal choice and promote physical, intellectual, social and emotional
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well-being. |
- The center’s environment must promote quality of life.
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- The environment must be clean and safe and be as homelike as possible.
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- Residents are allowed to have personal possessions.
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