Deciding to move yourself or a loved one into a nursing home or care facility is always challenging. While the decision is typically for the best, there are several new things to consider as the transition begins, not least of which is an understanding of the rights of New Mexico nursing home residents.
Rabb & Rabb PLLC understands how difficult this life transition can be, and that’s why we work to protect the rights of all citizens moving into care centers. This post describes more about the rights that all New Mexico nursing home residents and their loved ones should consider.
How the 1987 Nursing Home Reform Law Affects New Mexico Residents
The Nursing Home Reform Act of 1987 ensures residents experience a good quality of life and proper care in their long-term care facility. Here are the rights that your loved one has when they are a resident of a nursing home, as outlined by the National Long-Term Care Ombudsman Resource Center:
- The right to be fully informed: The center must notify the resident of all charges for their services, the facility’s rules, their rights as a resident, the address and phone number for their state ombudsman, the facility’s inspection and survey reports, advance room change or roommate notice, and receipt of information in an understandable and comprehensive language.
- The right to complain about mistreatment and unsafe conditions: Under the Older Americans Act, states are required to have an ombudsman (advocate) program available for residents’ complaints.
- The right to participate in their care: Residents have the right to receive adequate care, be informed of their medical condition and any changes, be involved in their treatment plan, review their medical record, and not be charged for any services covered by Medicaid or Medicare. They also have the right to refuse any medication, treatment, and chemical/physical restraints.
- The right to privacy: Privacy is important in nursing homes, and residents should expect privacy in communication, treatment, and personal needs. Financial decisions should also be considered private and confidential unless the resident wants to share them.
- The right to dignity, respect, and freedom: Everyone deserves to maintain their dignity, especially in a long-term care center.
- The right to visitation: Your loved one has the right to be visited by your family and friends if they choose to, pending changing COVID-19 guidelines. A good nursing home should stay abreast of new regulations and adapt to them in the best interest of its residents.
- The right to independence: In short, any nursing home resident should be able to make their own decisions about their care as long as they’re deemed emotionally and mentally sound to do so.
An Experienced New Mexico Nursing Home Abuse Law Team Here to Help
Nursing home residents across New Mexico deserve justice and fair treatment while in the care of a long-term facility. If you suspect neglect or abuse within a nursing home, know that you have an advocate in the team at Rabb & Rabb, PLLC. Call (520) 888-6740 to learn more and schedule a free consultation.