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

Privacy and Confidentiality For Nursing Home Residents

Residents Have the Right to Privacy in Their Medical Records and Charts

Residents Have the Right to Privacy in Their Medical Records and Charts

Residents Have the Right to Privacy

Pursuant to 42 CFR.483.10(h), privacy and confidentiality. The resident has a right to personal privacy and confidentiality of his or her personal and medical 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.

Resident Communications Must Be Kept Confidential

(2) The facility must respect the residents right to personal privacy, including the right to privacy in his or her oral (that is, spoken), written, and electronic communications, including the right to send and promptly receive unopened mail and other letters, packages and other materials delivered to the facility for the resident, including those delivered through a means other than a postal service.

Government Advocates For Residents Can Access Resident Medical Records

(3) The resident has a right to secure and confidential personal and medical records.

(i) The resident has the right to refuse the release of personal and medical records except as provided at §483.70(i)(2) or other applicable federal or state laws.
(ii) The facility must allow representatives of the Office of the State Long-Term Care Ombudsman to examine a resident’s medical, social, and administrative records in accordance with State law.
(i) Safe environment. The resident has a right to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and supports for daily living safely. The facility must provide—
(1) A safe, clean, comfortable, and homelike environment, allowing the resident to use his or her personal belongings to the extent possible.
(i) This includes ensuring that the resident can receive care and services safely and that the physical layout of the facility maximizes resident independence and does not pose a safety risk.
(ii) The facility shall exercise reasonable care for the protection of the resident’s property from loss or theft.
(2) Housekeeping and maintenance services necessary to maintain a sanitary, orderly, and comfortable interior;
(3) Clean bed and bath linens that are in good condition;
(4) Private closet space in each resident room, as specified in §483.90(d)(2)(iv);
(5) Adequate and comfortable lighting levels in all areas;
(6) Comfortable and safe temperature levels. Facilities initially certified after October 1, 1990 must maintain a temperature range of 71 to 81  °F; and
(7) For the maintenance of comfortable sound levels.

KLaBore@MNnursinghomeneglect.com

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

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Charges for Services and Medicare Medicaid Payments Must Be Explained to Residents

Residents in Nursing Homes Have the Right to Be Notified of Services and Charges Covered by Medicare and Medicaid

Residents in Nursing Homes Have the Right to Be Notified of Services and Charges Covered by Medicare and Medicaid

Nursing Home Residents Have the Right to Information About Services

Pursuant to 42 CFR 483.10(g)(18), 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/Medicaid or by the facility’s per diem rate.

(i) Where changes in coverage are made to items and services covered by Medicare and/or by the Medicaid State plan, the facility must provide notice to residents of the change as soon as is reasonably possible.

(ii) Where changes are made to charges for other items and services that the facility offers, the facility must inform the resident in writing at least 60 days prior to implementation of the change.

Facilities Must Refund Charges for Unused Services

(iii) If a resident dies or is hospitalized or is transferred and does not return to the facility, the facility must refund to the resident, resident representative, or estate, as applicable, any deposit or charges already paid, less the facility’s per diem rate, for the days the resident actually resided or reserved or retained a bed in the facility, regardless of any minimum stay or discharge notice requirements.

(iv) The facility must refund to the resident or resident representative any and all refunds due the resident within 30 days from the resident’s date of discharge from the facility.

(v) The terms of an admission contract by or on behalf of an individual seeking admission to the facility must not conflict with the requirements of these regulations.

KLaBore@MNnursinghomeneglect.com

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

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Medicaid Services Must Be Identified to Nursing Home Residents

Residents Have The Legal Right to Learn of Services Provided by Medicaid

Residents Have The Legal Right to Learn of Services Provided by Medicaid

Nursing Home Residents Need to Know What Services Are Provided by Medicaid

Pursuant to 42 CFR.483.10(g)(17), the facility must—

(i) Inform each Medicaid-eligible resident, in writing, at the time of admission to the nursing facility and 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;

Medicaid Services Must Be Explained to Residents

(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 Medicaid-eligible resident when changes are made to the items and services specified in §483.10(g)(17)(i)(A) and (B) of this section.

Some Federally Mandated Resident Rights Include

The resident has the right to be informed of his or her rights and of all rules and regulations governing resident conduct and responsibilities during his or her stay in the facility.

The resident has the right to access personal and medical records pertaining to him or herself.

With the exception of information described in paragraphs (g)(2) and (g)(11) of this section, the facility must ensure that information is provided to each resident in a form and manner the resident can access and understand, including in an alternative format or in a language that the resident can understand.

The resident has the right to receive notices orally (meaning spoken) and in writing (including Braille) in a format and a language he or she understands.

The facility must post, in a form and manner accessible and understandable to residents, and resident representatives.

The resident has the right to have reasonable access to the use of a telephone, including TTY and TDD services, and a place in the facility where calls can be made without being overheard. This includes the right to retain and use a cellular phone at the resident’s own expense.

The facility must protect and facilitate that resident’s right to communicate with individuals and entities within and external to the facility.

The resident has the right to send and receive mail, and to receive letters, packages and other materials delivered to the facility for the resident through a means other than a postal service.

The resident has the right to have reasonable access to and privacy in their use of electronic communications such as email and video communications and for Internet research.

The resident has the right to 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 post in a place readily accessible to residents, and family members and legal representatives of residents, the results of the most recent survey of the facility.

The facility must comply with the requirements specified in 42 CFR part 489, subpart I (Advance Directives).

The facility must display in the facility written information, and provide to residents and applicants for admission, oral and written information about how to apply for and use Medicare and Medicaid benefits, and how to receive refunds for previous payments covered by such benefits.

A facility must immediately inform the resident; consult with the resident’s physician; and notify, consistent with his or her authority, the resident representative(s), when there is change of condition or accident.

A facility that is a composite distinct part (as defined in §483.5 must disclose in its admission agreement its physical configuration, including the various locations that comprise the composite distinct part, and must specify the policies that apply to room changes between its different locations under §483.15(c)(9).

The facility must provide a notice of rights and services to the resident prior to or upon admission and during the resident’s stay.

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/Medicaid or by the facility’s per diem rate.

The resident has a right to personal privacy and confidentiality of his or her personal and medical records.

and many others…

KLaBore@MNnursinghomeneglect.com

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

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Residents Rights Need to be Provided to Nursing Home Residents

Residents and Their Representatives Must be Informed of Rights including those in State law

Residents and Their Representatives Must be Informed of Rights including those in State law

Nursing Home Rights Must Get Notice

Pursuant to Federal Law under 42 CFR.483.10(g)(16), the facility must provide a notice of rights and services to the resident prior to or upon admission and during the resident’s stay.

(i) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility.

Facilities Must Also Provide State Resident Rights Laws

(ii) The facility must also provide the resident with the State-developed notice of Medicaid rights and obligations, if any.
(iii) Receipt of such information, and any amendments to it, must be acknowledged in writing.

Residents should be free from abuse and neglect, receive proper care and supervision to highest level practicable and must have their legal representative and physician notified in the event of a change in condition or accident.  Policies and Procedures need to be posted and notice give to residents of Medicare Medicaid benefits.  They should be able to direct care, have healthcare directives and many more basic expectations which are codified in state and federal law.

If you are concerned about abuse or neglect or other omissions in care and supervision leading to injury or death contact Kenneth LaBore for a free consultation.

KLaBore@MNnursinghomeneglect.com

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

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Arbitration Agreement Regulations in Nursing Homes

Nursing Homes Cannot Require Arbitration Agreement as Condition for Admission

Nursing Homes Cannot Require Arbitration Agreement as Condition for Admission

Nursing Home Cannot Seek Pre-Dispute Arbitration Agreement as Condition for Admission

Pursuant to federal regulations 42 CFR 483.70(n), binding arbitration agreements. (1) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident’s representative nor require that a resident sign an arbitration agreement as a condition of admission to the LTC facility.

Conditions If there is Arbitration

(2) If, after a dispute between the facility and a resident arises, and a facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this section.

(i) The facility must ensure that:

(A) The agreement is explained to the resident and their representative in a form and manner that he or she understands, including in a language the resident and their representative understands, and

(B) The resident acknowledges that he or she understands the agreement.

(ii) The agreement must:

(A) Be entered into by the resident voluntarily.

(B) Provide for the selection of a neutral arbitrator agreed upon by both parties.

(C) Provide for selection of a venue convenient to both parties.

(iii) A resident’s continuing right to remain in the facility must not be contingent upon the resident or the resident’s representative signing a binding arbitration agreement.

(iv) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials, including but not limited to, federal and state surveyors, other federal or state health department employees, and representatives of the Office of the State Long-Term Care Ombudsman, in accordance with §483.10(k).

(v) The agreement may be signed by another individual if:

(A) Allowed by state law;

(B) All of the requirements in this section are met; and

(C) That individual has no interest in the facility.

(vi) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator’s final decision must be retained by the facility for 5 years and be available for inspection upon request by CMS or its designee.

Before or After Signed Arbitration Agreement Call Attorney Kenneth LaBore

If you have questions about your rights and an arbitration agreement or any type of nursing home neglect or abuse injury call Kenneth L. LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

 

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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, Monticello, Duluth, Owatonna, Austin, Bloomington, Mankato and throughout Minnesota.


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