THE RESIDENTS RIGHTS NATCEP Day Two

OBJECTIVES Identify legal rights of the resident contained in the ORBR 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 COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 4 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.

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 5

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 6

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 self-respect. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 7

GRIEVANCES COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 8 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.

WORK The person has the right to work or perform services if he or she wants to. He or she does not work for care, care items, or other things or privileges. Other persons need work for rehabilitation or activity reasons. Some people like to garden, repair or build things, clean, sew, mend, or cook. Residents volunteer or are paid for their services. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 9

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 10

PERSONAL ITEMS Residents have the right to keep and use personal items. Type and amount depend on space needs and the health and safety of others Treat the persons property with care and respect. 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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 11

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 12

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 13

QUALITY OF LIFE COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 14 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.

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 15

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 16

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. COPYRIGHT 2012 BY MOSBY, AN IMPRINT OF ELSEVIER INC. ALL RIGHTS RESERVED. Slide 17

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