Entrusting a loved one to a nursing home or long-term care provider is a difficult decision. The exorbitant costs coupled with a natural fear that your loved one will not be treated properly are realities associated with this process.  Of course, our expectations are that our parent, child, aunt, uncle or spouse will be treated properly, given the best medical attention; proper living necessities and sustenance are the bare minimum of our concerns.  However, the reality of today’s assisted living facilities is that volume and quantity of patients is the primary concern, rather than quality nursing care and providing a comfortable living situation for our dependent relatives.

It is important, in part, to determine if the nursing or assisted living facility is properly providing the following:

• proper nursing and related services and specialized rehabilitative services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident;

• proper medically-related social services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident;

• proper pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing and administering of all drugs and biologicals) to meet the needs of each resident;

• proper dietary services that assure that the meals meet the daily nutritional and special dietary needs of each resident;

• a proper on-going program, directed by a qualified professional, of activities designed to meet the interests and the physical, mental, and psychosocial well-being of each resident;

• proper routine dental services (to the extent covered under the State plan) and emergency dental services to meet the needs of each resident; and

• proper treatment and services required by mentally ill and mentally retarded residents not otherwise provided or arranged for (or required to be provided or arranged for) by the State.

• proper security to insure the safety of residence.

• a proper facility that meets all building and safety requirements.

• a proper plan to handle emergency events.

• proper screening and supervision of staff.

Importantly, each nursing facility resident has a right to a dignified existence, self-determination and communication with and access to persons and services inside and outside the facility. All facilities should protect the rights of each resident. The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.

• The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his/her rights.

• In the case of a resident who has been adjudged incompetent by a court, the rights of the resident are exercised by a person appointed to act on the person's behalf.

• In the case of a resident who has not been adjudged incompetent by the court, any legal-surrogate designated in accordance with State law may exercise the resident's rights to the extent provided by State law.

• The facility must inform the resident both orally and in writing, in a language that the resident understands, of his/her rights and all rules and regulations concerning resident conduct and responsibilities during his/her stay in the facility. This notice must be made prior to or upon admission and during the person's stay. Receipt of the information must be acknowledged in writing.

• The resident has the right to access all records pertaining to himself or herself, including current clinical records within 24 hours (excluding weekend and holidays). At the cost of the community standard, the individual has a right to a copy of the records or any portion of the records.

• The resident has the right to be fully informed, in language that he/she can understand, of his/her total health status.

• The resident has the right to refuse treatment; to refuse to participate in experimental research; and to formulate an advance directive.

• The facility must inform each Medicaid resident, in writing: The items and services that are included in the facility payment for which the resident may not be charged and Those other items and services that the facility offers, for which the resident may be charged, and the cost for those services. The resident must be informed when changes are made to the items, services, and costs.

• The facility must furnish a written description of legal rights.

• The facility must inform each resident of the name, specialty, and way of contacting the physician responsible for his/her care.

• The facility must prominently display, in the facility, written information and provide 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.

• The facility should immediately inform the resident; consult with the resident's physician; and notify the resident's legal representative or designated family member when there is :

1. an accident which results in injury and warrants health care;

2. a deterioration in health, mental, or psychosocial status or clinical complications;

3. a significant need to change treatment; or

4. a decision to transfer or discharge the resident from the facility.

If you or a loved one has been injured, abused or mistreated by nursing home or assisted living facility, or if you are suspicious that someone is being mistreated, we are here to help. Please contact us to discuss your concerns, and for a free initial evaluation. At Larry King, P.C., we recognize the unique issues pertaining to nursing home and assisted living accidents and injuries. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know, call 1-757-595-8100 or select from the following Accident Guide or Contact Form.