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

Residents CANNOT be penalized for exercising their rights

§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.

(b)

(8) The facility must comply with the requirements specified in subpart I of part 489 of this chapter relating to maintaining written policies and procedures regarding advance directives. These requirements include provisions to inform and provide written information to all adult residents concerning the right to accept or refuse medical or surgical treatment and, at the individual’s option, formulate an advance directive. This includes a written description of the facility’s policies to implement advance directives and applicable State law. Facilities are permitted to contract with other entities to furnish this information but are still legally responsible for ensuring that the requirements of this section are met. If an adult individual is incapacitated at the time of admission and is unable to receive information (due to the incapacitating condition or a mental disorder) or articulate whether or not he or she has executed an advance directive, the facility may give advance directive information to the individual’s family or surrogate in the same manner that it issues other materials about policies and procedures to the family of the incapacitated individual or to a surrogate or other concerned persons in accordance with State law. The facility is not relieved of its obligation to provide this information to the individual once he or she is no longer incapacitated or unable to receive such information. Follow-up procedures must be in place to provide the information to the individual directly at the appropriate time.

KLaBore@MNnursinghomeneglect.com

Ken LaBore can be reached at his direct dial number 612-743-9048.

Resident Rights in Nursing Homes Regulated By Medicare

There must be a written posting and description of legal rights of residents in federally regulated nursing homes.  The goal is to provide the highest quality of care practicable.  If you need an attorney to assist with answering questions about nursing home abuse and neglect contact Ken LaBore.

 §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.

(b)

(7) The facility must furnish a written description of legal rights which includes—

(i) A description of the manner of protecting personal funds, under paragraph (c) of this section;

(ii) A description of the requirements and procedures for establishing eligibility for Medicaid, including the right to request an assessment under section 1924(c) which determines the extent of a couple’s non-exempt resources at the time of institutionalization and attributes to the community spouse an equitable share of resources which cannot be considered available for payment toward the cost of the institutionalized spouse’s medical care in his or her process of spending down to Medicaid eligibility levels;

(iii) A posting of names, addresses, and telephone numbers of all pertinent State client advocacy groups such as the State survey and certification agency, the State licensure office, the State ombudsman program, the protection and advocacy network, and the Medicaid fraud control unit; and

(iv) A statement that the resident may file a complaint with the State survey and certification agency concerning resident abuse, neglect, misappropriation of resident property in the facility, and non-compliance with the advance directives requirements.

KLaBore@MNnursinghomeneglect.com

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.

__________

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

 
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, Bemidji, Rochester, Alexandria, Marshall, Grand Rapids, Anoka, Apple Valley, Arden Hills, Burnsville, Lakeville, St Cloud, Mankato, Duluth, Bloomington, and throughout Minnesota.


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