When your loved one enters a nursing home or long-term care facility in Virginia, they do not lose any basic civil or legal rights. In truth, they acquire additional rights protected by both state and federal legislation. These rights are designed to ensure residents receive quality care and enhance their overall quality of life.
Understanding the Rights of Nursing Home Residents in Virginia
Every resident in a nursing home is entitled to specific rights that are protected under federal law, primarily outlined in the 1987 Nursing Home Reform Act. This landmark legislation establishes a framework for quality care and residents’ rights in facilities that accept Medicare or Medicaid—virtually all nursing homes in the United States.
The Nursing Home Reform Act ensures that residents receive high-quality care that meets their individual needs. This includes access to necessary medical services, proper nutrition, adequate safety measures, and opportunities for social interaction and personal activities. The law also aims to protect residents from neglect, abuse, and exploitation, establishing strict guidelines that nursing homes must adhere to foster a safe environment.
These critical rights also aim to provide the following:
The Right for Residents To Be Informed
Residents of nursing homes have a fundamental right to be thoroughly informed about all the services offered within the facility. This includes understanding their personal medical conditions and any potential changes that could impact their care, treatment, or overall living conditions. Clear communication must be offered to help residents make informed decisions regarding their health and well-being.
The Right of Residents To Make Decisions
Residents have the right to actively engage in planning and managing their care. This right encompasses making informed choices about the treatments and therapies they choose, as well as the crucial right to refuse any care they wish to avoid. This empowerment gives residents control over their health journey and promotes a sense of autonomy.
The Right for Residents To Have Privacy and Confidentiality
Every resident has the right to privacy regarding their personal information and medical records. This includes private discussions with caregivers and medical professionals. Confidentiality must also be honored to foster a safe environment, allowing residents to openly discuss their needs and concerns without fear of exposure.
The Right for Residents To Have Dignity, Respect, and Freedom
Every resident is entitled to be treated with the highest level of dignity and respect. This entails being free from unnecessary physical restraints and residing in an environment devoid of all forms of abuse or neglect. Residents must be valued as individuals, with their rights to autonomy and personal expression consistently honored.
The Right for Residents To Voice Grievances Without Facing Retaliation
Residents have a fundamental right to voice their concerns and lodge complaints about their care. They must be able to do so without fear of negative consequences or retaliation from staff or management. That is why nursing homes should maintain an open and transparent grievance process to address residents’ needs and ensure they feel safe and supported in their living environment.
Contact Hollingsworth Law Today and Learn More About Virginia’s Nursing Home Residents’ Bill of Rights
At Hollingsworth Law, our legal team is committed to offering a diverse array of legal services tailored to the specific needs of our senior community. Our experienced professionals recognize the complexities often encountered by older individuals, and we strive to deliver customized solutions.
If you would like more information about Virginia’s Nursing Home Residents’ Bill of Rights or if you have any reason to believe that a nursing home has violated your loved one’s rights, contact Hollingsworth Law today and speak to our team.