Protecting Nursing Home Residents' Rights

Understanding the Legal Rights of Nursing Home Residents in South Carolina

When a loved one requires the care of a nursing home, it is essential to understand their legal rights. Nursing home residents are particularly vulnerable due to age, illness, or disability, and strong legal protections are crucial to ensure their well-being. Both federal and South Carolina state laws offer critical safeguards, ensuring residents receive the care and dignity they deserve. This article provides an overview of these protections and explains how a personal injury attorney can help enforce them.

The Nursing Home Reform Act

The federal Nursing Home Reform Act (NHRA) of 1987, enacted as part of the Omnibus Budget Reconciliation Act, established a national standard for the care of nursing home residents. This landmark legislation aims to ensure that residents experience the highest possible quality of life and well-being. The NHRA applies to all nursing homes that receive Medicare or Medicaid funding2 holding them accountable for meeting specific requirements.

Key Protections under the NHRA

The NHRA outlines comprehensive resident rights that guarantee residents the right to dignity, respect, and freedom from abuse and neglect. These rights include:

The Right to Be Fully Informed: Residents have the right to be fully informed about their medical condition and treatment options in a language they understand. They must also be informed of any changes in their condition.
The Right to Participate in Care Planning: Residents have the right to participate in the planning of their care and make informed decisions about their treatment.
The Right to Refuse Medication and Treatment: Residents have the right to refuse medication and treatment, even if it is recommended by their physician.
The Right to Be Free from Restraints: Nursing homes are prohibited from using physical or chemical restraints for discipline or convenience. Restraints may only be used to ensure the safety of a resident or others and must be medically necessary.
The Right to Privacy and Confidentiality: Residents have the right to privacy and confidentiality regarding their medical, personal, or financial affairs and in their communications with others.
The Right to Voice Grievances: Residents have the right to voice grievances without fear of retaliation.
The Right to Participate in Activities and Groups: Residents must be able to participate in social, religious, and recreational activities that meet their needs and interests. They also have the right to form and participate in resident groups.

Quality of Care

Beyond resident rights, the NHRA mandates that nursing homes provide services that meet residents’ physical, mental, and psychosocial needs. These services include:

Service Type	Description
Adequate Staffing	Facilities must maintain sufficient staffing levels with qualified professionals, including nurses, certified nursing assistants, and social workers.
Individualized Care Plans	Each resident must have a comprehensive care plan based on a thorough assessment of their individual needs and preferences.
Medical, Nursing, and Rehabilitation Services	Nursing homes must provide necessary medical, nursing, and rehabilitation services to address residents' health conditions and promote their well-being.
Dietary Services	Residents must receive nutritious meals and snacks that meet their dietary needs and preferences.
Pharmaceutical Services	Nursing homes must ensure that residents have access to necessary medications and that medications are administered safely and effectively
Social Services	Facilities must provide social services to address residents' emotional and social well-being. This may include counseling, support groups, and assistance with accessing community resources.
Full-Time Social Worker	Nursing homes with more than 120 beds are required to have a full-time social worker on staff

Enforcement and Remedies

States are responsible for inspecting nursing homes to ensure compliance with the NHRA. If a nursing home is found to be in violation of the NHRA, the state may impose remedies, such as fines, penalties, management changes, and ultimately, the denial of federal funding. The Centers for Medicare & Medicaid Services (CMS) also plays a role in enforcing the NHRA through surveys and investigations.
Residents and their families can file complaints with the state survey agency or CMS if they suspect a nursing home is not meeting the NHRA standards. These complaints trigger an investigation, and if violations are found, the nursing home will be required to take corrective action. In some cases, residents or their families may be entitled to compensation for damages resulting from the violation.

South Carolina State Laws Protecting Nursing Home Residents

South Carolina has its own set of laws that complement and expand upon the protections of the NHRA. These laws further safeguard the rights of nursing home residents in the state.

South Carolina Nursing Home Residents' Bill of Rights

South Carolina Code 44-81-10 establishes a comprehensive Bill of Rights for nursing home residents. This law emphasizes the right to:

Dignity, Respect, and Freedom: Residents must be treated with consideration and respect, free from mental and physical abuse, corporal punishment, and involuntary seclusion.
Self-Determination: Residents have the right to make choices about their lives and care, including the right to:

- Choose their own physician.
- Be fully informed in advance about care and treatment or changes in care and treatment that may affect their well-being.
- Participate in planning care and treatment or changes in care and treatment.
- Refuse experimental medicine.

Privacy and Confidentiality: Residents have the right to privacy in their accommodations, medical treatment, written and oral communications, and visits9. Their personal and clinical records must be kept confidential.
Communication and Access: Residents have the right to communicate freely with people inside and outside the facility. They can receive visitors of their choosing and refuse visits.
Financial Affairs: Residents have the right to manage their financial affairs without interference from the facility.
Grievances: Residents have the right to voice grievances without discrimination or reprisal. Nursing homes must establish grievance procedures to address residents’ concerns.

Additional Protections under South Carolina Law

In addition to the Bill of Rights, South Carolina law mandates specific standards for nursing homes, including:

Staffing Requirements: Facilities must have enough trained staff on duty to meet the needs of residents at all times.
Resident Safety: Nursing homes must provide a safe environment free of hazards that can cause falls, leading to hip fractures or other broken bones.
Health and Hygiene: Residents must be kept clean, and facilities must ensure proper sanitation.
Nutrition: Residents must receive nutritious meals that meet their dietary needs.

The Role of a Personal Injury Attorney

Navigating the legal complexities of nursing home care can be challenging. A personal injury attorney specializing in elder abuse can be a valuable advocate for residents and their families. They can help:

Identify and Investigate Abuse and Neglect: Attorneys can investigate potential cases of abuse or neglect, gathering evidence to support a claim. This may involve interviewing witnesses, reviewing medical records, and consulting with experts.
Explain Residents’ Rights: Attorneys can educate residents and families about their rights under federal and state law. They can help residents understand their options and make informed decisions about their care.
Pursue Legal Action: Attorneys can file lawsuits against nursing homes or individuals who have violated residents’ rights. This may include seeking compensation for:

- Medical expenses
- Pain and suffering
- Emotional distress
- Punitive damages in cases of egregious misconduct 14

Advocate for Systemic Change: Attorneys can work to improve nursing home conditions by advocating for policy changes and stricter enforcement of existing laws. They can also bring attention to systemic issues that contribute to resident harm, pushing for reforms that protect all residents.

It is important to remember that legal action is not always the only or the best solution. Sometimes, simply having an attorney involved can prompt a nursing home to take corrective action and improve the care of a resident.

Questions? Reach Out For Help

Protecting the rights of nursing home residents is essential to ensuring their well-being and quality of life. By understanding the laws and resources available, families can be empowered to advocate for their loved ones and hold nursing homes accountable for providing the care that residents deserve. The Nursing Home Reform Act and South Carolina state laws provide a framework for protecting residents, but vigilance and advocacy are crucial to ensuring these protections are upheld. If you have concerns about a loved one in a nursing home, do not hesitate to seek legal guidance from the experienced attorneys at Proffitt & Cox. They can help you navigate the complexities of the legal system and ensure your loved one receives the care and dignity they deserve.

Contact Proffitt & Cox for a Free Consultation

Nursing home abuse and neglect is a serious problem with dire consequences. If you suspect that a loved one’s rights have been violated in a South Carolina nursing home, it is crucial to seek legal assistance. The experienced attorneys at Proffitt & Cox in Columbia, SC, can help you understand your options and protect your loved one’s rights. Contact us today for a free consultation. Our office is located at 140 Wildewood Park Drive, Suite A, Columbia, SC 29223.