Minnesota Nursing Home Abuse and Neglect Lawyer Kenneth LaBore 1-888-452-6589

Privacy and Confidentiality for Nursing Home Residents

Caregiver with Private Medical Records

Caregiver with Private Medical Records

Pursuant to 42 CFR 483.10 (8)(iii)(d) Privacy and Confidentiality

“The resident has the right to—

(e) Privacy and confidentiality. The resident has the right to personal privacy and confidentiality of his or her personal and clinical records.

(1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups, but this does not require the facility to provide a private room for each resident;

(2) Except as provided in paragraph (e)(3) of this section, the resident may approve or refuse the release of personal and clinical records to any individual outside the facility;

(3) The resident’s right to refuse release of personal and clinical records does not apply when—

(i) The resident is transferred to another health care institution; or

(ii) Record release is required by law.

Privacy and Confidentiality is a very important right for residents, personal and medical information is confidential and should not be released to persons without a need to know in the facility.  Further, confidential information should not be released to family members, friends, other residents, etc.   Only legal representatives should be allowed to receive information beyond the necessary caregivers.

KLaBore@MNnursinghomeneglect.com

Please contact Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

Medical records are important as they are the most common tool used to track and help determine the care needed for a resident and also to support allegations of neglect such as falls, urinary tract infections, medication errors, bed sores and others.

Minnesota Elder Abuse and Neglect Attorney Kenneth LaBore

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Free Choice Nursing Home Residents have the Right to be Fully Informed in Advance About Care and Treatment

Resident Must be Fully Informed of Care and Treatment Provided in Nursing Home

Resident Must be Fully Informed of Care and Treatment Provided in Nursing Home, given Free Choice of Options

Pursuant to 42 CFR 483.10 (8)(iii)(d)(2)Free Choice to Determine Care and Treatment

“The resident has the right to— “Free Choice”

(2) be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the resident’s well-being.

Nursing home residents have the right to be fully informed in advance about care and treatment, you would think this is non automatically but in many cases there are changes without the input of the resident, their family or representative.  Many times these changes are for the convenience of the staff at the nursing home or for some other reason which is not focused on resident care.

KLaBore@MNnursinghomeneglect.com

Please contact Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

Free choice can only come if a nursing home resident or their family has all the necessary information to assist with care and treatment decisions.  A nursing home resident needs to be provided with enough information to be able to make a rational decision in their own best interest.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

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Nursing Home Residents have the Right to Participate in Care and Treatment

Residents Must Participate in their Care Needs

Residents Must Participate in their Care Needs

Pursuant to 42 CFR 483.10 (8)(iii)(d) Right to Participate in Their Care and Treatment

“The resident has the right to— participate in the their care and treatment

(3) Unless adjudged incompetent or otherwise found to be incapacitated under the laws of the State, participate in planning care and treatment or changes in care and treatment.

Nursing home residents have the right to be fully informed in advance about care and treatment, you would think this is non automatically but in many cases there are changes without the input of the resident, their family or representative.  Many times these changes are for the convenience of the staff at the nursing home or for some other reason which is not focused on resident care.

KLaBore@MNnursinghomeneglect.com

Please contact Attorney Kenneth LaBore with any questions you may have at 612-743-9048.

The resident’s right to participate in their care and treatment assures that the care being provided is helpful, comfortable and necessary and provided to the needs of the resident not the staff or others.

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Right to Voice Grievances in Nursing Home

Nursing Home Resident's Have Right to Voice Grievances

Nursing Home Resident’s Have Right to Voice Grievances

Right to Voice Grievances – §483.10   Resident rights.

The resident has a right to voice grievances without reprisal or discrimination.

42 CFR 483.10 (8)(iii)(f) Grievances. A resident has the right to—

(1) Voice grievances without discrimination or reprisal. Such grievances include those with respect to treatment which has been furnished as well as that which has not been furnished; and

(2) Prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents.

KLaBore@MNnursinghomeneglect.com

If you request any additional information please contact Attorney Kenneth LaBore at 612-743-9048.

The right to voice grievances is important, often times residents are intimidated and unsure of their right to communicate their needs and criticism of the care provided to them.  The right to voice grievances allows residents the ability to address issues without the concern of retaliation.

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Items That May Be Charged to Nursing Home Residents

What Can be Charged to Resident in Nursing Home

What Can be Charged to Resident in Nursing Home

What Items May be Charged to Residents

Items that may be charged to residents – §483.10   Resident rights.  The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:

(a) Exercise of rights.

(c) Protection of resident funds.

(8) Limitation on charges to personal funds.

(ii) Items and services that may be charged to residents’ funds. Listed below are general categories and examples of items and services that the facility may charge to residents’ funds if they are requested by a resident, if the facility informs the resident that there will be a charge, and if payment is not made by Medicare or Medicaid:

(A) Telephone.

(B) Television/radio for personal use.

(C) Personal comfort items, including smoking materials, notions and novelties, and confections.

(D) Cosmetic and grooming items and services in excess of those for which payment is made under Medicaid or Medicare.

(E) Personal clothing.

(F) Personal reading matter.

(G) Gifts purchased on behalf of a resident.

(H) Flowers and plants.

(I) Social events and entertainment offered outside the scope of the activities program, provided under §483.15(f) of this subpart.

(L) Specially prepared or alternative food requested instead of the food generally prepared by the facility, as required by §483.35 of this subpart.

KLaBore@MNnursinghomeneglect.com

For more information about what may be charged to a resident or  nursing home nutrition, hydration or failure to provide adequate nourishment or other forms of elder abuse or neglect call Ken LaBore for a free consultation at 612-743-9048.

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Minnesota Nursing Home Lawyer

MINNESOTA ELDER ABUSE AND NEGLECT LAWYER - MN Nursing Home Law


Kenneth L. LaBore, Esq, Phone: 612-743-9048 or Toll Free: 1-888-452-6589


This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Minnesota Nursing Home Lawyer & Attorney of Kenneth LaBore - Attorney at Law, offering services related to elder abuse and neglect, nursing home, assisting living, and other senior or elder care facilities, serving Minneapolis, St Paul, Twin Cities, Bemidji, Rochester, Alexandria, Marshall, Grand Rapids, Anoka, Apple Valley, Arden Hills, Burnsville, Lakeville, St Cloud, Mankato, Duluth, Bloomington, Mankato and throughout Minnesota.


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