The Rights of Elderly in Care Facilities

Book An Initial Call Now
POSTED ON: October 15, 2023

THE RIGHTS OF ELDERLY IN CARE FACILITIES Medicare and Medicaid are government-funded programs that provide healthcare coverage to eligible seniors in nursing homes. But participating nursing homes must meet specific requirements and adhere to set standards of care per the Centers for Medicare and Medicaid Services.

The iBulletin’s recent article, “Things Nursing Homes Are Not Allowed To Do,” says that Medicare provides limited coverage for the long-term care needs of the elderly in assisted living facilities and nursing homes compared to Medicaid, which offers more comprehensive coverage.

Residents eligible for these programs have certain rights under federal law of which they should be aware. These include non-discrimination based on payment source or medical condition, access to adequate staffing levels, and a safe living environment.

Residents in nursing homes also have the following rights:

  • The right to participate in their own care plan
  • The right to make decisions about their medical treatment
  • The right to file grievances if they feel their rights have been violated

Residents can also ask for help from an elder law attorney to navigate the complex process of enrolling in these programs.

To provide quality care for aging loved ones suffering from dementia, adhering to the guidelines while handling them in nursing homes is critical. The nursing home staff must have appropriate training to ensure they properly manage dementia-related behaviors without using physical restraints such as bed rails.

In addition, effective communication with residents is crucial. The staff should use clear language and allow ample response time. Plus, activities promoting cognitive stimulation can be very beneficial for the patient’s mental well-being and improve their quality of life while in a nursing home.

Nursing homes are responsible for caring for elderly residents with complex needs. These facilities must adhere to federal and state laws regarding residents’ care and legal rights, including protection from neglect or abuse by caregivers or other residents.

Nursing homes are expected to provide residents with a safe and nurturing environment. Sometimes nursing homes fail to comply with the regulations. This can result in abuse, neglect, retaliation, or even discrimination. If you suspect your loved one is mistreated in a nursing home or has suffered abuse or neglect, seek legal help immediately.

Schedule your phone appointment: THE LAW OFFICES OF CLAUDE S. SMITH, III


Reference: The iBulletin (June 20, 2023) “Things Nursing Homes Are Not Allowed To Do”

Let Us Help You Through This

Reach Out Now

What Sets Us Apart
We understand this process can be difficult. We ease you through it with your best interest in mind.

Legal problems are extremely stressful, especially when your family, your health, or your freedom are at stake. At this point in time, you may not even be sure what kinds of questions you need to ask a lawyer, but that’s entirely normal. Whether your situation involves family law, estate planning, elder law, a criminal charge, or a personal injury, we will start by giving you all the information you need.

The way we see it, you deserve to get this information directly from an expert. That’s why we make it easy for you to get in touch with your lawyer, and we never ask you to sit down with a paralegal or assistant instead.

As our relationship continues, we will keep you updated about the status of your case every step of the way. Your lawyer will reach out regularly to tell you about any new developments, and he will also be happy to answer any questions you have throughout the process.

Join Our eNewsletter

Stay informed and updated by subscribing to our eNewsletter!
Subscribe Now!
Law Offices of Claude S. Smith, III

805 Bigley Avenue
Charleston, WV 25302

Get Directions
Integrity Marketing Solutions - Estate Planning Marketing
Powered by