Massachusetts Patients Rights in Nursing Homes

Massachusetts and Federal Law both guarantee you comprehensive legal rights if you are in a Nursing Home. These resident rights concern quality of life.

Federal Regulations require the Nursing Home to:

                 - Ensure the protection of resident funds. - Avoid Pressure sores and decubitis ulcers
                 - Honor the privacy and confidentiality of each resident.
                 - Refrain from use of physical restraints used for purposes other than to treat
                     the resident's medical symptoms.
                 - Develop and implement written policies and procedures that prohibit
                     mistreatment, neglect, and abuse of residents and misappropriation of
                     resident property.
                 - Promote the quality of life for each resident.
                 - Ensure the dignity of each resident.
                 - Encourage residents to participate in the planning and decisions related
                     to care and treatment, to make choices about aspects of his/her life in the
                     facility that is significant to the resident.
                 - Provide each resident with the right to reside and receive services with
                     reasonable accommodation of individual needs and preferences, without
                     endangering the well being of the individual or other residents.
                 - Provide an ongoing program of activities designed to meet the interests
                     and physical, mental and social well being for each resident.

In addition, Massachusetts Law requires the Nursing Facility to meet the following minimum care standards:

MASSACHUSETTS Nursing Home Care Minimum Standards

105 CMR 150.007

Level I care shall provide, at a minimum, a total of 2.6 hours of nursing care per patient per day; at least 0.6 hours shall be provided by licensed nursing personnel and 2.0 hours by ancillary nursing personnel.

Level II care shall provide, at a minimum, a total of 2.0 hours of nursing care per patient per day; at least 0.6 hours shall be provided by licensed nursing personnel and 1.4 hours by ancillary nursing personnel.

Level III care shall provide, at a minimum, a total of 1.4 hours of nursing care per patient per day; at least 0.4 hours shall be provided by licensed nursing personnel and 1.0 hours by ancillary nursing personnel.

Level IV care shall provide:

facilities with less than 20 beds -- at least one "responsible person" on active duty during waking hours in the ratio of one per ten residents

facilities with more than 20 beds -- at least one "responsible person" on active duty at all times, 24 hours a day/ 7 days a week, per unit

If none of the responsible persons on duty are licensed nurses, then the facility shall provide a licensed consultant nurse, four hours per month, per unit.

Staff Counted in Standard

The supervisor of nurses and the charge nurse, may be counted in the calculation of licensed nursing personnel.

The amount of nursing care time per patient shall be exclusive of non-nursing duties.

OBRA:

When a Nursing Home accepts Medicare and Medicaid must they comply with OBRA. Obra refers to Federal NURSING HOME LEGISLATION known as the Omnibus Budget Reconciliation Act of 1987 (OBRA), 42 U.S.C. §§ 1395-1396 (1999). OBRA lays out standards for nursing homes, along with a patients' bill of rights

The Massachusetts Attorney Generals office has also created regulations for nursing homes pursuant following the Consumer Protection Statute (M.G.L.c.93A)

In summary, your stay in a Massachusetts nursing home entitles you to a multitude of rights. The nursing home is responsible for all of your belongings. They are responsible for your safety. They must not commit neglect or abuse. They must allow you to have visitors. You are entitled to a written statement from the nursing home regarding your rights and responsibilities. You have a right to know exactly what your medical condition and course of treatment is. You’re entitled to rehabilitation nursing care, good medicine, a clean room and a safe environment. You have a right in most instances to choose your own doctor. You are allowed private visits and phone calls your spouse.

Nursing home abuse and neglect is a form of medical malpractice and it is illegal. Call our office if you need an experienced attorney to advocate your rights.

Hamill Law Firm
Quincy, Massachusetts
Call us 24 hours a day: 617-479-4300

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