Resident Rights vs. Human Rights

Just about every nursing facility has a list of "Resident Rights." This is a list of rights that any person that lives in a nursing home should be able to voice at any time and that the facility and all of its employees must follow at any given time. These lists are all fine and dandy in theory, but what are not posted or communicated are the list of human rights that one has to give up once they become a resident in a nursing facility or any of the consequences that will be faced by employees for violating a resident's rights. Below is a list of resident rights posted at the facility in which I live. I have color-coded the 31 items to reflect how many of them have been violated in my own treatment in the last six months (in red), how many I have seen violated in the treatment of other residents in the facility in the last six months (in blue), and the number of rights that have been violated on others as well as myself (in blue with bold font).

Resident's Rights

Every resident living at Chandler Health & Rehab has the right to:
1. Exercise their civil and religious liberties.
2. Be informed of their rights, privileges and rules and regulations of the nursing facility.
3. Be informed of the bed reservation policy for a hospital visit.
4. Be informed of services available and the costs associated with those services including those charges not covered under Medicaid, Medicare, or VA and the basic per diem rate.
5. Be informed of their health status, including diagnosis, prognosis, significant changes and planned treatments.
6. Participate in or refuse to participate in any treatment.
7. Issue advance directives such as Durable Power of Attorney and Living Wills.
8. Receive a prompt response to all responsible requests and inquiries.
9. Be transferred or discharged only after a 30 day written notice for medical reasons, the welfare of other residents, and/or for nonpayment.
10. Be encouraged to establish their rights as a resident, file complaints and suggestions without fear of retaliation.
11. Receive appropriate healthcare, medical treatment, and protective support services.
12. Be treated at all times courteously, fairly, and with the fullest measure of dignity.
13. Manage their personal finances, if possible or if delegated, to receive an accounting of every month upon request.
14. Be free from verbal, psychological, physical, and sexual abuse as well as financial exploitation.
15. Refuse to serve as a medical research subject.
16. Have their personal, financial, and medical records treated as confidential.
17. Be treated with consideration and respectfulness of their personal privacy.
18. Refuse to perform work.
19. Receive personal mail unopened.
20. Take part in various activities of the nursing facility.
21. Have their own clothing and possessions as space allows.
22. Use tobacco products in accordance with facility policies.
23. Consume alcoholic beverages with physician’s orders and oversight.
24. Have privacy for visits with their spouses. Spouses who are residents in the same facility are permitted to share a room unless one of their physicians documents reasons why such an arrangement would have an adverse effect on the health status of either resident.
25. Have their choice of pharmacy and physician.
26. Have the opportunity, at reasonable hours, to visit with family, friends and clergy in private.
27. Retire and rise as they choose.
28. Be free from physical and chemical restraints unless medically prescribed.
29. Review and/or have photocopies of their records made by the facility and name those individuals to whom records may be distributed to.
30. Have access to a public telephone and have their conversation in private.
31. Have a copy of these Resident’s rights prior to or at the time of admission.