Nursing Home Patient Rights

Nursing Home Patient Rights – No one likes to think about a time in the future when they can no longer care for themselves. Additionally, the prospect of spending one’s final days in a nursing home is something almost everyone avoids thinking about. If life in a nursing home becomes a reality, no one wants to worry that staff will abuse, neglect, or mistreat them or a loved one. Unfortunately, in recent years, there have been numerous reports of violations across the country arising from such occurrences, including Alaska.

Nursing Homes Are Regulated By Law

The federal government and the State of Alaska have enacted laws setting standards of care that apply to nursing homes. These facilities are required by both federal (42 CFR 483) and state law (7AAC 12.250) to maintain a high quality of care for patients.

For example, pursuant to the following excerpts from 7 AAC 12.270. Staff duties:

(a) The nursing facility staff shall encourage and assist residents to achieve and maintain their highest level of self-care and independence…
(b) The nursing facility staff shall give residents the necessary care to prevent pressure ulcers, contractures, and deformities.
(c) The nursing facility staff shall implement procedures to prevent and reduce incontinence of residents…

These laws govern the required number of nursing staff and the frequency of treatment by a physician. Regulations control the creation and management of care plans, rehabilitation, dietary, and dental services to protect resident patients. Additionally, these governing bodies oversee the organization of activities to guarantee a high standard of care. 

Centers for Medicare and Medicaid Services (CMS)

All healthcare facilities receiving federal funding are required to report to the Centers for Medicare and Medicaid Services (CMS). This requirement includes regular inspections. The CMS website details these performance measures. CMS clearly outlines Nursing Home Patients Rights.

Under 7 AAC 12.890, nursing home residents have established rights regarding their communication and care. These include access to a phone, the privacy of unopened mail, and knowledge of grievance procedures. Ultimately, these rules ensure that staff treat residents with dignity and individuality.

When nursing homes violate legally established standards of care, we must hold large out-of-state ownership companies legally accountable. Accountability compensates victims fairly and protects future patients from harm.

The Bottom Line

The effects of advancing age are generally unpleasant and sometimes very difficult to deal with. Nursing Homes wrong individuals when they neglect, overlook, or worse – mistreat, those who entrust them with their personal care and health.

Johnson Law, P.C. has been helping Alaskans for 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Information Sources: The Alaska State Legislature, Centers for Medicare and Medicaid Services

Image created using ChatGPT – Prompt: An elder person from Alaska well-cared for in a nursing home