Consumer Rights
Older adults have rights. We can help!
Because of their vulnerability, consumers of long-term care services have been afforded special rights in both Ohio and Federal law. These many rights apply to persons living in all types of residential facilities and also to those receiving assistance in their homes. Typically, persons being admitted to a long-term care facility receive a booklet or listing of their rights as part of the admission agreement. This same information must also be posted within the facility. If it can't be located, simply call the Area Agency on Aging and the information will be sent.
While these rights are sometimes confusing, the rights concept can be summed up fairly simply. Consumer rights in the care arena can be grouped into five categories: informational rights, participation rights, civil rights and protections, remedial rights and, finally, quality rights.
Informational Rights
Consumers have the right to be informed about their conditions, their treatments, who is providing the service and how to contact them. For example, a patient receiving physical therapy must be told about the condition being treated, the treatment or therapy regimen, and how to contact the provider.
Participation Rights
Residents must be given the opportunity to participate in decisions regarding their care, and also have the right to refuse treatment if they wish. A common scenario is that quarterly care plan sessions take place without the resident's knowledge or participation. Caregivers or family may believe that the patient can't understand the process, or it’s believed that they need to shield the patient from discouraging news. Regardless, the resident has the right to know.
Civil and Privacy Rights
Residents living in all types of institutions must consistently have their rights of privacy protected. This includes privacy when receiving treatment, visiting others and using the telephone. These important rights also require that personal information is held in strictest confidence. All eligible voters, regardless of where they live, retain the basic right to participate in the election process.
Examples might include situations where medical records or personal information is shared without proper authorization. Visitors of the resident's choice are permitted private visitation with residents and mail must be distributed un-opened. Another important rights issue that applies to long-term care residents is their right to be free of chemical or physical restraints. Ohio law permits the use of chemical restraints such as psychoactive medications, the use of vest restraints, seat belts, geri-chairs and bed rails only under closely monitored situations.
Restraint use in long-term care facilities has declined significantly over the past decade as the industry realizes that risk of injury when restrained may be greater than risk when unrestrained. Today, before a restraint is used, other options must be explored, such as lowering bed height, use of mats or pads or other devices. If options are unsuccessful and a restraint is necessary, use must be approved by the attending physician.
Remedial Rights
Remedial rights are rather straightforward principles that protect a complaining party from retaliation or reprisal. Consumers must be given information on how to voice a grievance and be confident that their complaints will not make them a target for retaliation. For example, persons being discharged against their will from a facility or have services terminated, must be given the names of organizations that can assist them challenge the decision.
Quality Rights
Rights in this category include basic rights regarding the quality of delivered services. Consumers have the right to expect services that meet their needs and are safely and professionally delivered. Consumers can expect that their dignity will be maintained, that they will not be abused, mistreated or otherwise neglected by caregivers. Examples of rights violations in this area include receiving care from improperly or poorly trained staff, conditions which are not addressed and medication errors.
Get Information and Get Help
If you believe your rights, or the rights of any other person have been violated, we suggest you contact the Elder Rights Division of the Area Agency and ask for an Ombudsman. Our trained and certified staff can offer you additional information, discuss your specific situation and most importantly, offer options or suggestions including becoming involved in finding a remedy to the violation.
Ombudsmen follow three basic principles:
- All information, including the source of a complaint, is considered confidential unless release has been authorized.
- Ombudsmen support a person’s right of self-determination. This means that before any action is taken, permission must be obtained by the recipient of care or their legal surrogate.
- Ombudsman advocates are consumer directed, meaning that the recipient of care will identify the resolution or remedy desired and will be involved to the highest level possible in each step of an investigation.
Do you want to help? Consider becoming a Certified Ombudsman Volunteer by clicking here.
Real Story
- M has been enrolled on the PASSPORT program since 2003.
Prior to his enrollment in PASSPORT, M was in a nursing home for 3 years due to suffering a stroke that left him with right hemiplegia. When in the nursing, M had the desire to return to his home, which was a farm house in the country. With the involvement of legal aid, his daughter and PASSPORT, M...Read More »
