When an elderly parent or loved one is in need of an assisted living situation, it can be a difficult transition.  Many find themselves afraid of moving into this stage of their life, when they are less independent and more unsure.  Choosing the right place to live at this time is an important task, and everyone who chooses to move into such a facility should be treated with respect and dignity.

In South Florida, the community is geared towards taking care of the elderly, a large portion of our population. There are many options, from independent adult living to a convalescent care facility. When it is time to move a loved one into one of these Sarasota or Tampa homes, it is important that you both understand that nursing home residents rights are actually protected by law.

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According to Florida Statutes Section 400.022, these are the basic nursing home residents rights.  Facilities are bound by law to treat residents in accordance to the provisions of their posted statement.

Each resident shall have the following rights:

Dignity and Care:

  • The right to be treated courteously, fairly, and with the fullest measure of dignity.
  • The right to retain and use personal clothing and possessions.
  • The right to be live free from mental and physical abuse, corporal punishment, extended involuntary seclusion
  • The right to be free from physical and chemical restraints (except those ordered by resident’s physician).

Guaranteed Liberties:

  • The right to private and uncensored communication
  • The right to organize and participate in resident groups.
  • The right to participate in social, religious, and community activities that do not interfere with the rights of others
  • The right to all civil and religious liberties

Healthcare & Living Assistance:

  • The right to visitation by any individual providing health, social, legal, or other services; and the right to deny or withdraw consent for such visitation at any time.
  • The right to choose their physicians and pharmacy.
  • The right to refuse medication and treatment and to know the consequences of doing so.
  • The right to receive adequate and appropriate health care, protective and support services within established and recognized standards.
  • The right to privacy in treatment and in caring for personal needs.
  • The right to be informed of their medical condition and the proposed treatment; and be allowed participation in planning said treatment.

Financial:

  • The right to manage his/her own financial affairs. A quarterly accounting will be furnished to resident or legal representative.
  • The right to be fully informed, in writing and orally, of services available at the facility and of related charges for such services.

Grievances:

  • The right to present grievances and recommend changes in policies and services free from restraint, interference, coercion, discrimination, or reprisal.
  • The right to have access to the ombudsmen and other advocacy groups.
  • The right to examine the results of recent facility inspections by federal and state agencies including the plan of correction if applicable.
  • The right to have personal copies of all rules and regulations of the facility.

Residency:

  • The right to be transferred or discharged only for medical reasons, the welfare of other residents or nonpayment of a bill.
  • The right to receive a thirty (30) day written notice of discharge or relocation, and the opportunity to challenge such notice.
  • The right to sufficient notification prior to room change.
  • The right to have access to information concerning bed-hold policy for hospitalization.

If you or a loved one feel that you have been treated unfairly or unlawfully by a nursing home or assisted living facility, contact a Sarasota or Tampa area attorney to discuss your rights. At this time of your life, you deserve dignity and respect. The lawyers at Probinsky & Cole can help you to determine if you have a case.

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