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

Nursing Home Residents Have the Right to Examination of Survey Results

How to Apply for Medicare

Seniors Have the Right to Examination of Survey Results for Nursing Home

Pursuant to 42 CFR 483.10 (8)(iii)(g) Examination of Survey Results

“The resident has the right to—

(1) Examine the results of the most recent survey of the facility conducted by Federal or State surveyors and any plan of correction in effect with respect to the facility. The facility must make the results available for examination in a place readily accessible to residents, and must post a notice of their availability; and

(2) Receive information from agencies acting as client advocates, and be afforded the opportunity to contact these agencies.

Nursing Home residents or legal representatives can perform an examination of survey results for the nursing home.   Medicare and Medicaid conduct an annual survey of nursing homes to see if they are in compliance with state and federal regulations pertaining to the care and treatment of residents.   Nursing home surveys are also available through the Minnesota Department of Health website.

KLaBore@MNnursinghomeneglect.com

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

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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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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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