Elder's Bill of Rights
All Elders have rights guaranteed under the U.S. Constitution and the Bill of Rights. Federal law guarantees Elders a dignified existence, self-determination, communication with and access to persons and services inside and outside the nursing home. Federal law also requires the nursing home to protect and promote the rights of each Elder, including the right to exercise their rights.
The right to exist with dignity and person-centered care: Each Elder has the right to receive Person-Centered care that preserves their right to exist with dignity and ensures they can exercise self-determination.
The right to Self-Determination: Each Elder has the right to, and the facility must promote and facilitate Elder self-determination through support of Elder choice, including but not limited to choose of activities, schedules (including sleeping and waking times), visitors of choice, and physician of choice. Immediate access must be given to any representative of protection and advocacy systems.
The right to a Safe Environment: Each Elder has a right to a safe, clean, comfortable, and homelike environment while allowing the Elder to use his or her personal belongings to the extent possible. This includes but is not limited to receiving treatments and support for daily living safely.
The right to information about nursing home policies/procedures: Each Elder must be informed both orally and in writing in a language the Elder understands about the rights and rules governing Elder conduct and of all other services available and charges for such services.
The right to participate in and to determine your own Person-Directed Plan of care: Each Elder has the right to participate in the development and implementation of his or her person-directed plan of care that affects both the initial planning process and changes to the plan of care. The planning process must include the Elder/designated Elder representative and assess both strengths and needs, as well as incorporate his or her personal and cultural preferences. Each Elder has the right to choose a personal attending physician. Each Elder is informed in advance about proposed care and treatment, type of professional delivering care, risks and benefits of treatments and options including alternative choices, and any changes in their health status. Elders have the right to refuse any treatment and experimental research, and they also have the right to request treatment and/or discontinue treatment. Elders have the right to self-administer medications if the IDT has determined that this practice is clinically appropriate.
Right to notice of transfer or discharge: Each Elder may be transferred or discharged out of the facility for only (a) medical reasons; (b) their welfare or the welfare of other Elders; (c) non-payment, unless prohibited by Medicaid; (d) Upon the Elder’s request; or (e) the Elder no longer needs the services of the nursing home. Before a nursing facility transfers an Elder to a hospital or the Elder goes on therapeutic leave, the nursing facility must provide written information to the Elder or Elder representation that specifies duration of the state bed hold policy, bed payment policy.
The right to exercise rights: Each Elder has the right to exercise their rights as an Elder of the facility and as a citizen or Elder of the United States. They also have the right to have protection, support and promotion of their Elder rights extending to designated Elder and/or same sex spouse of the Elder.
The right to manage financial affairs: Each Elder may manage their own personal financial affairs. Each Elder may authorize the facility, in writing, to manage any part of their personal financial affairs. The facility must have a system for full and complete accounting of personal funds. The nursing home must have financial records available for Elder’s inspection.
The right to be free from restraints: Each Elder has the right to be free from verbal, sexual, physical, or mental abuse, corporal punishment, and involuntary seclusion. Each Elder has the right to be free of any chemical or physical restraints used for purposes of discipline or convenience of staff. Restraints may be used only with the Elder’s informed consent and only under a physician’s written order to treat medical symptoms.
The right to be free from abuse, neglect, and exploitation: Each Elder has the right to be free from abuse, neglect, and exploitation. Facilities are prohibited from employing individuals who have been found guilty of abuse, neglect, mistreatment, misappropriation of Elder property, or exploitation by a court of law. Please see Abuse Prevention Policy and Procedures.
Right to Respect and Dignity: The facility must treat each Elder with consideration, respect, and full recognition of their dignity and individuality. Each Elder has the right to reside and receive services in the facility with reasonable accommodation of Elder needs and preferences. Elders have a right to share a room with his or her roommate of choice when practicable. Elders have the right to receive written notice before a change of room or roommate and the notice must include the reason for the change. Elders also have the right to refuse transfer to another room in certain circumstances and may refuse the transfer if it is purely for the convenience of staff.
Right to Privacy: The Elder has a right to privacy and confidentiality of his or her personal medical records. Elders have the right to personal privacy including privacy in his or her oral, written, and electronic communications, including the right to send and receive unopened mail. The facility must follow all HIPAA regulations and help safeguard all Protected Health Information (PHI). The Ombudsman representative has the right to examine Elder’s medical, social, and administrative records including PHI.
Right to freely associate, communicate and correspond with others in private: The nursing home must give married Elders the opportunity to share a room if they choose. Each Elder has the right to communicate privately by telephone or in person, with those individuals they choose. Each Elder has the right to send and receive personal mail, unopened. Each Elder has the right to participate in activities such as social, religious and/or community. Elders have the right to privately organize in the nursing Elder groups, such as Elder and family councils. The facility may not prohibit or in any way discourage an Elder from communicating with federal, state, or local officials regarding any matter. Each Elder has the right to receive visits from their relatives and others of their choice in a manner that does not impose on the rights of another Elder. Elders also have the right to deny visitation. The facility does not discriminate and will ensure full and equal rights of all visitors.
Right to Designate Elder Representation: Each Elder has the right to designate an Elder representative. This Elder representative is entitled to immediate access to the Elder, without condition. The Elder representative also has the right to exercise Elder rights, and the facility is obligated to treat the representative’s decisions as those of the Elder.
Right to maintain personal possessions: Each Elder has the right to retain and use their personal possessions as space and health regulations permit. The nursing home must have a system for safe-guarding Elders’ personal property.
Right to not be required to work: No Elder shall be required to perform services for the nursing home.
Right to file Grievances: Elders and Elder representatives have a right to file grievances without fear of retaliation, discrimination, and/or interruption of care after a concern or grievance is filed. The facility must have a grievance policy in place and notify the Elder/Elder representative of the policy. The Grievance Official is responsible for maintaining and responding to grievances.