When our parents or loved ones are admitted to a long term care facility such as an assisted living facility , a nursing home, a skilled nursing facility or a board and care home, we are putting our trust into those that are now caring for them.
Usually, the care provided is as good as it can be given the circumstances, but sometimes the care is less than adequate or can even be full of neglect and abuse. When we see signs of possible neglect or abuse, we wonder how we can deal with it and not create a bad relationship with the staff of the facility thereby subjecting our loved one to even more punishment.
If the abuse is blatant, it’s an easy call……..get the loved one out of the facility and have charges filed. But when you simply have a suspicion, a niggling fear that something is not quite right, it’s hard to know what to do.
That is the time to call in a long-term care ombudsman.
A long-term care ombudsman is an official advocate for residents of long-term care facilities. Under the Federal Older Americans Act, every state must have an ombudsman program. This program consists of both volunteer and paid members.
Their goals are to provide information on how to find a facility that provides quality long-term care, to assist with complaints and resolve problems in such facilities, to educate both consumers and long-term care providers on patient’s rights, legislative policy, and ways that families and providers can work together. They also provide community involvement through their volunteer programs.
When working with patients or patient’s family member regarding a complaint, all information is kept confidential, unless the patient or family requests otherwise.
Problems that they address are violations of resident’s rights or dignity, physical, verbal or mental abuse, deprivation of services or poor quality of care (for example, lack of hygenic care, not turning the resident to prevent bedsores, etc.), unreasonable confinement, improper transfer or discharge of patient (when money runs out, etc.), and use of chemical or physical restraints that are in appropriate.
According to The National Long Term Care Ombudsman Resource Center, the rights of long-term care residents are as follows:
- The right of citizenship. Nursing home residents do not lose any of their rights of citizenship, including the right to vote, to religious freedom and to associate with whom they choose.
- The right to dignity. Residents of nursing homes are honored guests and have the right to be so treated.
- The right to privacy. Nursing home residents have the right to privacy whenever possible, including the right to privacy with their spouse, the right to have their medical and personal records treated in confidence, and the right to private, uncensored communication.
- The right to personal property. Nursing home residents have the right to possess and use personal property and to manage their financial affairs.
- The right to information. Nursing home residents have the right to information, including the regulations of the home and the costs for services rendered. They also have the right to participate in decisions about any treatment, including the right to refuse treatment.
- The right of freedom. Nursing home residents have the right to be free from mental or physical abuse and from physical or chemical restraint unless ordered by their physician.
- The right to care. Residents have the right to equal care, treatment and services provided by the facility without discrimination.
- The right of residence. Nursing home residents have the right to live at the home unless they violate publicized regulations. They may not be discharged without timely and proper notification to both the resident and the family or guardian.
- The right of expression. Nursing home residents have the right to exercise their rights, including the right to file complaints and grievances without fear or reprisal.
If you feel that your loved one has been denied any of these rights in the facility in which they are residing, don’t hesitate to contact a long-term care ombudsman in your state. Call 1-800-300-6222 or check The National Long Term Care Ombudsman Resource Center to find resources in your state.
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Sun Healthcare Group Inc violated our rights to visit our loved ones at any time of the day or night in their SunBridge Newport Beach, Calif nursing home in 2003. We called the Dept of Justice via the State Attorney General’s office, who’s investigator called the Dept of Health, who called the Admin with threats of a fine if they didn’t immediately remove the posting of “visiting hours” for patient’s families.
Sun retaliated against families for reporting under staffing and broken equipment which was a violation of their state injunction. Sun never was prosecuted for the 5 patient deaths I witnessed because the CEO criminally conspired with my former corrupt and now late, attorney Dan Leipold, whom I successfully sued for malpractice.
Read my story of hell in a nursing home at http://www.sunhealthcaregroupinc.blogspot.com
Deb Calvert, Newport Beach, Calif
And the two CEOs of Sun have bought 4 ocean front homes in Newport Beach, Calif, while slumlording down the street on Superior Ave killing patients. Justice needs to be served. Those who died: Richard Laga, Stella Carter, Betty Harness, Evelyn Calvert and the man in Rm 2B in Oct 2003.
This should have bankrupted Sun and fired the management at the time. Instead they became ba-zillionaires. Obviously they have no conscience regard for human life.
Cases of elderly abuse at home or in facilities are rampant these days and this is very alarming. People who experience this have no idea what to do and where to report, so they just carry on and hope that it won’t happen again. What people need is reliable information such as this post and there should be continuous dissemination of information, so that everyone will have an idea what to do when this happens to their loved one. The government should educate people and encourage them to exercise their legal and civil rights.
Parkland Manor in Allentown, PA is prohibiting the family member from visiting their mother after complaining about poor conditions of the facility. What in the state and federal laws?
Hi there,
I don’t specifically know the laws on this situation, but perhaps this article might help. It also has some additional links. https://www.seniorliving.org/nursing-homes/state-federal-regulations/
You might also conctact your local Area Aency on Aging or even the local Alzheimer’s Association. They are often a wealth of knowledge whe it comes to local resources.
If I ask a question, will it be answered by a government official, and the answer emailed to me.
Hi Tom,
No, I’m sorry. This is not a government website. It’s just a blog. You’ll want to look for a website address that ends in .gov.
I’m a 52 year old resident in Long-term Care for the diagnoses of early on-set dementia. I was diagnosed a!most 6 years ago and thrusted into a facility by my older sister. She is 6 years my senior. Her and my brother, 5 years my senior are my P.O.A.’s. My brother and my brother alone has always provide my needs. I was originally placed at Your Life of Pensacola, but at $4,000 a month, my money quickly ran out. The current facility I’m in is Windemere Memory Care in Pensacola, FL. My brief,and I do mean brief description of my time here is tragic. My brother was friends with the Director of the facility, and, I was the youngest resident here by 20 years. Lynn, the Director at that time did everything she could to make my life adjustment less painful. I was permitted to go grocery shopping with the Assistant Director, she eventually moved me into a private room when the opportunity came available,and I was allowed to eat meals in my room. Lynn left and the new Director moved me out of my private room in with a roommate. No explanation and months later my old room still sits EMPTY????. I had a table in my room that I ate my meals at and spent my days doing crafts My crafts and helping residents were my only escape to the nightmare I am living. The new Director, Shevonne made me take the table out of my room. I please with her to let me keep it so I could continue with my crafts and told her I would no longer eat in my room. The table was removed. I’ve had several “encounters” with Shevonne, including her calling me into her office and telling me that “my brother didn’t care about me and my kids didn’t care about me.” I had no one! This was after I had given her a letter requesting that she call my brother and tell him I was in of Diet Coke, water, and several beauty supplies. I’m not allowed to use the phone or mail per my brother because I have made several attempts in the past to get help for the way I was being treated by ALL parties involved. Needless to say, I’ve been given a 45 day notice and I’m grateful that my departure is eminate! However, my brother has cut me off of Diet Coke and water. I desperately need clothes and new reading glasses. I have a list of things I need but have no way to get them. The new facility is Noble House. They allow residents walk across the street to Wal-Mart once a week and shop. This is a perfect solution to the friction of getting the things I need, however, it’s money my brother had to provide out of his own pocket. I haven’t heard from him, not even on my birthday for the first time in my life. I don’t know what to do. He’s not even moving me to the new facility. My new Director and the maintenance man here, who’s become a good friend, are moving me. No family. I cannot receive emails. I have to work on it. If you can get in touch with me to give me any help or suggestions the address here is 7901 Kipling St. Pensacola, FL 32514 850-477-1600. My departure date is December 1st. Thank you
I’m so sorry this is happening to you, Amy! I’m sure it’s very scary to feel that you have no control over your life. Even with the power of attorney, your brother and kids should not have as much power as they seem to have.
I’m sure you’ve tried talking to an ombudsman or patient advocate. Have you tried to get in touch with your Area Agency on Aging or maybe an eldercare attorney? You said that you don’t have use of a telephone for calling out but since you were able to write here, could you send a letter or use a contact form on their website?
I hope that you’ll be able to get the help you need!
Shelley
I’m in a nursing home in Columbia SC and my Rights been violated I their trying to make me take pills I don’t want to take they put refusy down and I got sent to a hospital to get evaluated and found nothy wrong now their sending misinformation I have depression and other I which I don’t have but still ordering pills one I haven’t took in two years and one I never took before need help
I’m so sorry to read this, Cynthia. When you feel your rights have been violated, request to speak to an “ombudsman”. This is not a charge for this. It’s free. If that doesn’t work, try to call an attorney who specializes in elder law. They often have free consultations.