natcep day 2

THE RESIDENT’S

RIGHTSNATCEP Day Two

OBJECTIVES

Identify legal rights of the resident contained in the ORBR

Discuss ways to respect residents’ rights

RESIDENT RIGHTS

Legal Rights of the residents

Outlined in OBRA

Must be read and signed by each resident and/or their legal

representative and be included in the medical record

RIGHT TO INFORMATION

COPYRIGHT © 2012 BY MOSBY, AN

IMPRINT OF ELSEVIER INC. ALL RIGHTS

RESERVED. Slide 4

Access to all records about the person

Medical record

Contracts

Incident reports

Financial records

The person has the right to be fully informed of his or her health

condition.

The person must also have information about his or her doctor.

REFUSING TREATMENT

The person has the right to refuse treatment.

A person refusing treatment cannot be treated against his or her wishes.

Advance directives are part of the right to refuse treatment.

Living wills

Instructions about life support

Report treatment refusal to the nurse.

The person’s care plan may be changed.



RESERVED. Slide 5

PRIVACY AND CONFIDENTIALITY

Residents have the right to personal privacy.

Staff must provide care in a manner that maintains privacy of the person’s body.

The residents have the right to visit with others in private.

Residents have the right to make phone calls in private.

The right to privacy also involves mail.



RESERVED. Slide 6

PERSONAL CHOICE

Residents have the right to make their own choices.

Choosing their own doctors

Taking part in planning and deciding about their care and treatment

Choosing activities, schedules, and care based on their preferences

Personal choice promotes quality of life, dignity, and self-respect.



RESERVED. Slide 7

GRIEVANCES



RESERVED. Slide 8

Residents have the right to voice concerns, questions, and

complaints about treatment or care.

Problem may involve another person.

Problem may be about care given or not given.

The center must promptly try to correct the matter.

No one can punish the person in any way for voicing the

grievance.

WORK

The person has the right to work or perform services if he or she

wants to.

He or she does not work for care, care items, or other things or privileges.

Other persons need work for rehabilitation or activity reasons.

Some people like to garden, repair or build things, clean, sew, mend, or cook.

Residents volunteer or are paid for their services.



RESERVED. Slide 9

TAKING PART IN RESIDENT

GROUPS

The person has the right to form and take part in resident groups.

They can:

Discuss concerns and suggest center improvements.

Support each other.

Plan activities.

Take part in educational activities.



RESERVED.

Slide

10

PERSONAL ITEMS

Residents have the right to keep and use personal items.

Type and amount depend on space needs and the health and safety of others

Treat the person’s property with care and respect.

The center must investigate reports of lost, stolen, or damaged items.

The person’s property is protected.

Do not go through a person’s property without his or her knowledge and consent.



RESERVED.

Slide

11

FREEDOM FROM ABUSE,

MISTREATMENT, AND NEGLECT

Residents have the right to be free from verbal, sexual, physical,

and mental abuse. They also have the right to be free from

involuntary seclusion.

No one can abuse, neglect, or mistreat a resident.

Nursing centers must investigate suspected or reported cases of abuse.



RESERVED.

Slide

12

FREEDOM FROM RESTRAINT

Residents have the right not to have body movements restricted.

Restraints

Drugs

Restraints may be used only if required to treat the person’s

medical symptoms.

Doctor’s order is needed.



RESERVED.

Slide

13

QUALITY OF LIFE



RESERVED.

Slide

14

Residents have the right to quality of life.

Protecting this right promotes quality of life and shows respect for the

person.

Residents must be cared for in a manner and setting that promote

dignity and respect for self.

ACTIVITIES

Residents have the right to activities that enhance each person’s

physical, mental, and psychosocial well-being.

Activities must have a purpose and relate to the person’s needs, interests,

culture, and background.

You assist residents to and from activity programs.



RESERVED.

Slide

15

ENVIRONMENT

Residents have the right to a safe, clean, comfortable, and

home-like setting.

Allow the person to have and use personal items to the full extent possible.

Provide a setting and services that meet the person’s needs and

preferences.

Promote the person’s independence, dignity, and well-being.



RESERVED.

Slide

16

THE OLDER AMERICANS ACT

(OMBUDSMAN PROGRAM)

The Older Americans Act is a federal law.

The law requires a long-term care ombudsman program in every state.

Residents have the right to voice grievances and disputes.

OBRA requires that nursing centers post the names, addresses, and phone

numbers of local and state ombudsmen where residents can easily see them.



RESERVED.

Slide

17

SUMMARY OF

RESIDENT

RIGHTSNATCEP Day Two

OBJECTIVES

Describe the role of the Ohio long-term care ombudsman program

Identify examples of ways to promote the residents’ right to

personal choices

Describe methods of providing the resident with privacy

Describe methods to maintain confidentiality

Describe ways to ensure the security of the resident’s

possessions

Describe abuse, mistreatment, neglect and exploitation

Demonstrate techniques to help the resident resolve grievances

or complaints

THE ROLE OF THE OMBUDSMAN

Basic Role

Investigate and resolve complaints

Educator for residents, family and staff

Consultant to LTCF

Contact information for the ombudsman is located in each facility

RESIDENT CHOICES

Encourage participation in self-care

Know activities available – facilitate participation

Understand right not to participate

Encourage and facilitate resident’s participation in resident and

family groups

PRIVACY

In the resident’s room

Knock & get permission before entering

Keep doors open or closed as preferred

Enter closets and drawers only with permission

During visits

Knock & get permission before entering

Close doors if requested

Don’t eavesdrop

PRIVACY

During phone conversations

Provide privacy

During treatments, procedures and/or exams

Close door

Draw privacy curtain

Use sheets or blankets to shield body

CONFIDENTIALITY

Discuss information only with those involved in the care of the

resident

Be aware of where you are discussing

Refer questions to the charge nurse

Never release information to the news media

Violate?

RESIDENT’S POSSESSIONS

Know how the resident want them handled

Make suggestions – how to secure

Know related facility policies

Help residents access stored items

ABUSE

Verbal

Name calling, foul language directed at resident intended to cause mental

anguish

Physical

Inflict physical harm/injury

Hit

Pinch

Slap

Kick

Push

MISTREATMENT

Treat badly

NEGLECT

Fail to provide care that a reasonably prudent person with the

same training would provide in the same situation that results in

injury to the person

Fail to clean an incontinent resident

Lice – didn’t provide personal hygiene care

EXPLOITATION

Manipulate a vulnerable person for personal gain

MENTAL

Includes, but is not limited to:

Humiliation

Harrassment

Threats of punishment

Threats of deprivation

“I will make sure you don’t get your supper”

SEXUAL

Includes, but is not limited to:

Sexual Harrassment

Coercing sex

Sexual Assault

GRIEVANCES OR COMPLAINTS

Know facility policies and procedures

Know role of ombudsman and state agencies

Where are contact numbers located?

Know your duty when a resident wants to report abuse, neglect or

mistreatment

natcep day 2

Documents

refusing treatmentthe

resident rightslegal

summary of resident

privacy curtains

personal privacy

persons body

doctor information

treatment options