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

Right to Know Services to be Provided by Nursing Homes

Residents have the Right to Know Services to be Provided to them at Nursing Home.

The right to know services which are billed is a necessary and essential right to facilitate the tracking of medical services and the resulting charges against the intended care plan for the resident.  To establish the effectiveness of any rehabilitative or many other treatments it is crucial that the residents Care Plan

§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:

(b)(6) The facility must inform each resident before, or at the time of admission, and periodically during the resident’s stay, of services available in the facility and of charges for those services, including any charges for services not covered under Medicare or by the facility’s per diem rate.

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If you have concerned about the services provided to a resident of a nursing home or other type of elder care facility, including abuse or neglect such as pressure sores, urinary tract infections, falls, transfer accidents, or others contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or toll-free at 1-888-452-6589 or by email at: KLaBore@MNnursinghomeneglect.com

Residents Have Free Choice to Determine Physician

Residents have the free choice to determine or choose their own physician

Pursuant to 42 CFR 483.10 (8)(iii)(d) Free Choice to Determine Physician

“The resident has the right to—

(1) Choose a personal attending physician;”

The free choice to determine your physician – this is a very important right – I recommend that you select a physician who is not affiliated with the nursing home facility.  Often times the physician is the Medical Director and they have a loyalty to the facility in this position.  There may be a conflict under some circumstances – the physician has duel loyalty, one to his patient the other to the facility.

If you have questions or concerns about a resident’s care in a nursing home or other care facility call Attorney Ken LaBore at 612-743-9048

Right to Know Charges for Services Provided to Resident in Nursing Home

Nursing Home Residents Have the Right to Know Charges

Nursing home residents and their legal representatives have a right to know charges and the specific services for which the resident is being charged.   It is important to ensure that a resident is receiving all the cares and medical treatments which are needed pursuant to the resident’s Care Plan and Doctor’s Orders.   A resident has the right to know the amount of all charges and the amount he/she is being billed or billed in their name.

The charges are determined through a 7 day look back period in part of what is called the Resident Assessment Instrument RAI, the needs and medical risks for each resident is determined during this period.  Based on the needs of the resident the billing level called a RUG level is determined.  There are dozens of RUG levels and generally the higher the RUG score the more the government is charged for the care.

Make sure you get a copy of the MDS form, it is the Minimum Data Set form used as part of the RAI process and it should determine the levels of care and treatment needed.  It should also be used to determine the appropriate level of care for each resident.  There are state and federal requirements on this issue COMPREHENSIVE RESIDENT ASSESSMENTS and CARE PLANS.   The assessments must be done by a qualified professional in the area being evaluated such as a RN nurse, dietician, occupational therapist, etc.

I have seen many nursing homes bill for 2 persons to provide assistance with ADLs (Activities of Daily Living), such as bathing, eating, dressing, toileting, etc.  then only one person being provided.  There is a section of the RAI manual 3.0 Section G, which the nursing homes rely on to support the practice of having less care than billed provided in this area.  This exception to the rule of providing a resident all the care they are billed for is very limited and only applies to persons who are making improvement from muscle deconditioning, medication overdose, stroke, etc.  The thought is the nursing home can allow a person to push themselves towards recovery (if properly supervised).  This exception seldom applies as most persons I have represented in the nursing home are either static or declining and the need the cares as billed.

Another issue on this areas is that the determination of when one or two persons is to be provided to a resident is being determined by a nursing assistance, who generally have very little medical or nursing training and are in the facilities to provide the daily ADL cares, not make health care decisions.   These NAR (nursing assistances registered) cannot make the decision on the number of care providers needed for a resident.  This determination must be done through the Care Plan and their interdisciplinary team of professionals.  This is a common occurrence which is not fair to the party paying the bills and puts vulnerable residents at risk of serious injury or death.

§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: (b)(5) The facility must— (i) Inform each resident who is entitled to Medicaid benefits, in writing, at the time of admission to the nursing facility or, when the resident becomes eligible for Medicaid of— (A) The items and services that are included in nursing facility services under the State plan and for which the resident may not be charged; (B) Those other items and services that the facility offers and for which the resident may be charged, and the amount of charges for those services; and (ii) Inform each resident when changes are made to the items and services specified in paragraphs (5)(i) (A) and (B) of this section. ————- Attorney Kenneth LaBore has handled serious medical malpractice and nursing home cases for years and has developed knowledge about the rights of vulnerable adults and resident of nursing home and other long term care facilities.   If you are concerned about incidents of abuse or neglect or have questions about resident rights call Ken LaBore at 612-743-9048 or toll-free at 1-888-452-6589.  Ken can be reached by email at: KLaBore@MNnursinghomeneglect.com

Nursing Home Residents Have the Right to Refuse Care and Advanced Directive

Right to Refuse Care, Prescribed by Law

A resident in a skilled nursing facility or nursing home has the right to refuse care and advanced directives.  Advanced directives are also known as “DNR/DNI” (Do Not Recusitate/Do Not Intubate).   This means a nursing home cannot force a resident or their legal representative to have instructions to limit care in the event of certain medical diagnoses or conditions.   Signing a DNI/DNR can be a risk for residents in that facility staff may not provide necessary life saving care, or in an attempt to comply with what is believed to be the resident’s wishes, place him/her on hospice when a short hospital stay or relatively minor surgery could have prolonged the resident’s life.

Often times residents or their family members or legal representatives are asked to sign several documents as part of the admissions or readmission to a nursing home. One of the documents people are asked to sign is some form of an advance directive it can be titled several different ways including advanced directives, last wishes, DNR/DNI or by other names. Federal law makes it clear that you are not required to sign any advance directive as a requirement for admission into a skilled nursing facility or nursing home. In addition to advanced directives residents are often asked to sign the additional documents including arbitration agreements which by their nature limit the scope and venue for disputes regarding the quality of care and services provided at the facility as well as claims her injury or wrongful death. My recommendation that anyone signing advanced directives or arbitration agreements do so with great caution and only after consulting with qualified legal professional.

I recommend that residents and their family members sign advanced directives with great caution.  Make sure that there is no exclusion for providing life sustaining elements such as food, water, medicine, etc. – as amazing as it may seem there are times that facilities argue that providing water and food was not incompliance with advanced directives as it “prolongs life” for a resident perceived by the facility and their medical staff to be in their last days.

§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:

(b)(4) The resident has the right to refuse treatment, to refuse to participate in experimental research, and to formulate an advance directive as specified in paragraph (8) of this section; and

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In the event that you are concerned about the results of neglect and abuse towards elderly or vulnerable people who reside in a nursing home or other type of care facility contact attorney Kenneth LaBore for free information and a consultation.  Mr. LaBore can be reached by phone at 612-743-9048 or toll free at 1-888-452-6589 or by email at: KLaBore@MNnursinghomeneglect.com

Right to Health Status

Nursing Home Residents Have the Right to Health Status and Medical Condition

Right to Health Status is critical, A resident and their legal representative are legally entitled to receive their health status and medical condition in a language they can understand.  In order to make thoughtful and informed decisions regarding their health care of a resident in a nursing home or their legal representative must have access to information concerning their healthcare including their medical records and chart as well as a copy of their Care Plan, Doctor’s Orders, Diagnosis and other records to help in their healthcare, housing, finance and other decisions.

§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:

(b)(3) The resident has the right to be fully informed in language that he or she can understand of his or her total health status, including but not limited to, his or her medical condition;

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Nursing home abuse and neglect comes in many forms.  If you believe that someone you love has been the victim of elder abuse and neglect in a skilled nursing facility such as a nursing home or an assisted living or other care provider contact board for free consultation can be reached by phone at 612-743-9048 or toll free at 1-888-452-6589. Support by email at: KLaBore@MNnursinghomeneglect.com

 

 

 

 

 
Minnesota Nursing Home Lawyer

MINNESOTA ELDER ABUSE AND NEGLECT LAWYER BLOG


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, Mankato, Duluth, Bloomington, and throughout Minnesota.


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