​​What are Nursing Homes Not Allowed to Do?

Sending a loved one to a nursing home facility is one of the most difficult decisions you’ll have to make in your life. There can be guilt or fear associated with whether or not the facility will adequately care for your loved one’s needs. And with reports of abuse and neglect occurring in nursing home facilities nationwide, it’s completely understandable why you may have extreme concerns over where you’re placing your loved one. 

Because residents are placed in a vulnerable position where they must rely on nurses and caretakers to provide for their basic human needs, it’s critical to understand what nursing home facilities are not allowed to do in the context of their residents. Spotting the early warning signs of potential abuse or neglect is key to ensuring the safety of your loved one.

Below, we’ve listed some things nursing homes are not allowed to do.

Discriminate Against Residents

Nursing homes are required by law to abide by the Civil Rights laws, which state that they cannot discriminate against residents based on race, color, nationality, disability, age, or religion. While the facility does have the right to reject potential residents, it must not be based on any of the above factors. 

Manage Residents’ Money Without Their Consent

While nursing homes can manage residents’ money if the resident chooses to do so, they must not manage it without the resident’s consent. The nursing home must have an organized accounting system backed by surety bonds to protect residents’ money against any potential loss. Additionally, before the nursing home can hold any of the resident’s money, the resident must first sign a written statement of consent. 

Force Medical Treatment

Even though many nursing home patients often require extra medical care, they still retain the right to refuse service. They also have the right to see another doctor outside their nursing home.

Abuse Their Residents

Any physical, verbal, or emotional abuse is against the law. If there are any signs of abuse, it should be reported immediately. 

Deny Visitors

Nursing homes may not deny visitors access to their facility during regular business hours. While guests may not be able to enter during irregular times, if a facility denies entrance repeatedly during regular hours, it’s a cause for concern. 

Retaliate Against Complaints

Residents reserve the right to file complaints against the facility and cannot be held accountable or threatened by the staff due to such. Any form of personal retaliation is illegal. 

Withhold Medical Treatment

Medical treatment may not be denied nor withheld from residents. All patients must have the opportunity for equal access to medical care and medical information.

Fine You for Fees You Did Not Agree To

When your loved one enters a nursing home facility, you sign paperwork agreeing to a set of services and their fees. If these fees change or surcharges are added without your knowledge or agreement, then it may be against the law.

Neglect Residents

Neglect is a form of abuse where a person is denied access to basic care of life. Neglect can occur in many forms, including malnutrition, lack of social activities, dehydration, and absence of personal hygiene. If you suspect your loved one suffers from neglect, report it to the proper authorities immediately.

Use Restraints

Nursing homes are not allowed to restrain residents through things such as medication or side rails, especially for discipline or convenience. 

Deny You of Social Services

Any nursing home facility must provide its residents with access to social services like counseling, solving social issues with other residents, hiring professional help such as a lawyer or doctor, and discharge planning.

Prevent You From Leaving the Nursing Home Facility

Residents are allowed to move out of the facility at any time. They are also entitled to spend time outside the facility, assuming they can do such or have adequate supervision outside of the facility. 

Conclusion

By understanding the rights of your loved one, you can ensure that any red flags or warning signs are caught well in advance. If your nursing home facility has violated any of the above things, it’s extremely vital to seek legal counsel.

A nursing home abuse attorney will guide you through your legal options and protect your loved one from further harm.