It is estimated that 71,852 people are currently living in nursing homes in Ohio. This is a very large population of vulnerable adults who need and deserve the highest quality of care. Nursing homes are wonderful assets to our society and communities as they allow this population of aging adults to continue to live happy lives in a safe environment.
Ohio lawmakers and nursing home abuse lawyers near Hamilton Ohio are passionate about ensuring the safety and best possible care for nursing home residents. For this reason, the nursing home patient bill of rights was created to set the standards and guidelines of what is required and expected for excellent care.
Nursing Home Patient Bill of Rights
It is important to know that every resident of a nursing home has legal rights in Ohio. Ohio law (ORC §3721.13), also referred to as the Ohio Nursing Home Patient Bill of Rights, is an extensive list of enforceable legal rights by all nursing home residents. Under the Ohio Nursing Home Patient Bill of Rights, nursing home patients have the right to:
- A safe and clean living environment;
- Be free from physical, verbal, mental, and emotional abuse, as well as the right to be treated at all times with courtesy, respect, and full recognition of dignity and individuality;
- Adequate and appropriate medical treatment and nursing care, without regard to consideration such as race, color, religion, national origin, age, or source of payment for care:
- Have all reasonable requests and inquiries responded to promptly;
- Have all bed sheets and clothes changed as the need arises to ensure the resident’s comfort and sanitation;
- Obtain the name and any specialty of any physician or other person responsible for the resident’s care or the coordination of care;
- Be assigned the staff physician of the resident’s choice, as well as the right to select as an attending physician a physician who is not on the staff of the home;
- Actively participate in decisions that affect the resident’s life, including communicating with physicians and staff; obtaining information concerning the medical condition, prognosis, and treatment plan in understandable terms; full access to the resident’s medical record; and the right to give or withhold informed consent for treatment;
- Withhold payment for physician visitation if the physician did not visit the patient;
- Confidential treatment of personal and medical records, as well as the right to approve or refuse disclosure of such information;
- Privacy during examinations and treatment, as well as in the care of personal or bodily needs;
- Refuse to serve as a medical research subject;
- Be free of chemical and physical restraints;
- A pharmacist of the patient’s choosing and the right to medications and services at reasonable prices;
- Exercise all civil rights;
- At the patient’s expense, the right to education, vocational, recreational, social, and habitual programs;
- Consume reasonable amounts of alcoholic beverages and use tobacco at the patient’s expense;
- Retire and rise on own schedule, according to patient’s request;
- Observe religious obligations and activities, maintain individual and cultural identity, and participate in social and community groups;
- Private and restricted communication with family members, social workers, public officials, and the patient’s attorney, including:
- Visitation from and to share a room with one’s spouse;
- Have closed doors and to not be opened without first knocking, except in the case of an emergency or unless not medically advisable as the document in the resident’s medical record by the attending physician;
- Retain and use personal items, such as clothing and reasonable amounts of possessions;
- Be fully informed of the basic rates charged by the home, as well as any additional fees or costs related to such services;
- Receive and review and monthly itemized bill;
- Refuse transfer or discharge from the home unless the transfer is necessary as prescribed by statute;
- Receive reasonable notice of a room or roommate change, including full explanation for the change;
- Voice grievances and recommend changes in policies and services.
When The Bill of Rights isn’t Followed
If you believe the care your loved one is receiving in a nursing home is in violation of any of these rights, it is important to contact the proper authorities and seek the help of a nursing home abuse lawyer Near Hamilton, Ohio.
Consumers of long-term care services, including residents of long-term care facilities, have rights that are guaranteed by state or federal law. At The Richards Firm, we are passionate about defending these rights.
We can be reached at 513-868-2731, ext. 219 or visit us at http://richardsinjuryfirm.com.
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