400.022 Resident’s rights within a nursing home setting in the state of Florida will be mentioned below:
(1) The treatment of residents shall follow the provisions of the public statement who licensed the nursing home facility of which the rights and responsibilities are stated within such statement and must be adopted by the facility. The following shall be granted to every resident:
(a) Staff members of the facility must practice the rights of residents to be granted religious and civil liberties and should not be invaded by the members, this includes, assisting them and encouraging them to practice these rights, being able to make personal decisions on their own, or being told about houses that are available.
(b) If the facility’s guidelines and rulebooks, the orders that have been given by the physician, and the procedures of (Medicaid) Title XIX of Social Security Act and (Medicare) Title XVIII are followed as they should be, then the resident is able to do the following: obtaining and being able to read mail that has not been opened, having access to a phone at all times, and having friends and family being able to visit overnight. A flexible visiting schedule must be provided by the facility for the consideration of visitors who come from out of town, and family and friends who work. Visitors who come for the purpose of providing the resident with services at the allowed visiting hours, including programs of leisure, groups of volunteers, social health services, and mental health services, must be permitted by the licensed facility unless the residents care plan states otherwise.
(c) Any visitor that provides the patient with services for health, legal, or social matters shall be granted reasonable access to the resident. Denying access to any individual or entity can be performed by the resident during any time. Not disregarding the policy of the facilities visitation rights, immediate access to the resident must be granted to the following individuals:
Various individuals from federal and state government, including the Children and Family Services Department, officers in law enforcement, the Elderly Affairs Department, the Health Department, the Health Care Administration Agency, and the state or local ombudsman Council, in addition to more.
Subjected to the right of withdrawn of consent or denial by the resident, their relatives, or immediate family members.
A resident’s medical record could be examined by the Ombudsman Council members of the Long-Term Care only when the person in charge of the resident or the resident has personally agreed to such examination.
(d) Being allowed to demonstrate to staff members of the facility, the administration of the facility, or government officials any grievances of others or themselves.
ability to tell facility personnel any recommendations to change services and policies; and the ability to work to make improvements in resident care with any other resident or person outside or inside the facility, while being free of reprisal, discrimination, interference, coercion, and restraint.
Also, having the ability promote for special groups of interests, participating in, or being a member of such group, along with access to promoters and ombudsmen. In addition, another right provided to residents is the prompt resolutions of grievances that have been filed in regards to other residents or themselves.
(e) Assemblies can also be formed by the families of residents to meet with other residents and families.
(f) If the privileges of others residing in the nursing home are not affected, religious, social, and community activity participation is allowed.
(g)Observation of the inspection that was performed by the state or federal agency can be requested by the facility.
(h) A resident has a right to pass down the responsibility of their finances to the facility, and once those funds have been provided to the facility, the managing of such funds must be able to be done by the resident. A quarterly account of any transactions that have been performed with the funds of the resident can be requested by them or the person in charge of them. The obligation to deposit funds must not be requested of the resident. Though, a written authorization must be created by the resident for any personal funds that the facility will be safeguarding, holding, or managing.
1. The generally accepted accounting principles state that the facility that has been entrusted with the funds of the resident must maintain a separate accounting system, that provides full and complete information about such funds for every resident that deposits their personal funds with the facility.
2. Any interaction with the funds of the resident that is committed by someone other than the facility or the resident must be prohibited by the accounting system that was created by the facility.
3. A quarterly account of any transactions that have been performed with the funds of the resident can be requested by them or the person in charge of them
4. Any funds that were deposited by the resident must be conveyed if not personal representative has been assigned after the death of the resident took place within 30 days of such tragedy, with interest, and as described in s.400.162(6)., such funds must be provided to the kin named beneficiary whether it is the resident’s adult or spouse.
5. If Title 19 or Title 18 expenses and services were performed through the SSA, then the facility has no right to negatively impact the personal funds of the resident who received those services.
(i) Upon admission, prior to admission, or during their stay within the Old Folks’ Home, the services and expenses that are not paid for by the SSA Title 19 or Title 18 must be informed to the resident either in a written format, or verbally.
(j) If under the Florida Law, the resident has not been named as incompetent, they are permitted to obtain full disclosure regarding information on their health condition, what is planned to be done for their health condition in regard to care and treatment, and any changes that will come from the care and treatments. Unless otherwise specified by their physician, the resident is allowed to be a participant in the planning of the treatment they will receive, this includes having the ability to refuse such treatment and being told of the consequences that can come from refusing the treatment.
(k) Unless if they are deemed incompetent under Florida Law, the resident can be a participant in the planning of the treatment they will receive, this includes having the ability to refuse such treatment, and being told of the consequences that can come from refusing the treatment by the nursing home to the resident of the person in charge of them and the refusal must be documented in their record by the nursing home facility. The resident’s plan must be followed when providing services.
(l) The services provided to the resident have a right to be consistent with their plan of care, along with the practice standards of the community, and the adoption of the rules of the agency, which includes services for health care, protective, and support; like mental health, social, recreational activities, rehabilitative, and therapeutic services.
(m) Privacy during their treatment and personal needs is a right for the residents; having facility staff members knock their door before entering the room, being able to close room doors unless there is an emergency that requires them to break this right; and being able to store and use personal possessions securely. Actions of bathing, using the bathroom, or other activities that require the personal hygiene of the resident must maintain the privacy of their bodies unless it is in the bed interest of their safety and for their assistance. Personal and medical records of the residents are exempt from s.119.07(1) and must be kept confidential.
(n) Information on the services that are provided by the facility must be given to the resident either written or verbally, including the services that provided on an as-needed basis by every staff member in a respectful, fair, and courteous manner.
(o) Abuse in form of physical, emotional, mental; restraints in physical or chemical form, unless it has been allowed by the resident’s physician in writing, cannot be performed, along with being able to be free from corporal punishment, and seclusion of others. Only a qualified licensed nurse is able to place the restraints in case an emergency demands it and they must explain why the situation required the restraint. If a chemical restraint was used, they must consult a doctor immediately afterward. Restraints cannot be used for reasons instead of the resident’s protection and safety. They cannot be used to punish the resident, used as a convenience for staff members, or instead of having to supervise the resident.
(p) No notice needs to be given if there is a sudden emergency requiring the immediate discharge or transfer of the resident or if the instructions and guidelines of Title 19 or Title 18 of the Social Security Act are in contradiction with the current situation of the resident, but the following applies if a notice is needed: if for the own safety of a resident or for the safety of others within the nursing home, the decision to transfer or discharge a resident is taken, then such intentions must be given in the form of a notice to the resident or anyone who is taking care of them of no less than 30 days from when the discharge or transferring will take place. For any payments that were not made for medical fees of the resident, they will be provided a 30-day notice for nonpayment. Facilities do not have the authorization to discharge or transfer a patient or waive their rights only because a patient’s foundation of payment has suddenly changed. Any document or provision that mentioned the waiving of those rights will be voided and unenforceable. If the attempt to waive the rights of the resident is performed by the authorized facility, the as mentioned in subsection (3), the facility will receive disciplinary action.
(q) The services and supplies that are obtained by the resident can have their location chosen by them, in addition to whom they want their physician to be, either at the expense of their own pockets or through the Social Security Act Title XIX; Unless there has been a mention of something in the medical record of the resident by their physician, the resident is entitled to obtain information on community-based programs, and having the ability to be a part of them. Whichever pharmacy that the resident chooses, must be the ones who provide the resident with a compatible unit-dose system if they reside in a facility that uses a unit-dose system, services of delivery, and the drugs of residents who are there long-term. Whichever pharmacy that the resident chooses, must be the ones who provide the resident services of delivery, and the drugs of residents who are there long-term if the resident lives in a facility that does not use a unit-dose system.
(r) Personal possessions like clothing can be kept by the resident as long as it does not conflict with other resident’s rights and any specifications that the physician has mentioned in the medical record of the resident. If the licensee provides the resident with clothes, it must fit them appropriately.
(s) The facility must give every resident a copy and explanation of the facility’s regulations and rules, the rights that other residents have, and how private property must be respected.
(t) A notice must be given to the resident prior to the facility intending on changing their room.
(u) Either the resident or person in charge of the resident will receive information regarding the bed reservation policies during their hospitalization such as the 30-day limit for such reservation. In addition, they must state how reimbursement is only allowed up to 15 days after the reservation of the bed took place as mentioned in Title 19. Any resident that is acquiring aid through the Social Security Act Title XIX, is a designee of the resident, or oversees the resident, must be provided the above information within 24 hours after the resident has been hospitalized. In addition, the facility must mention how if there is no medical need for the bed, there will be no reservation for such bed and that it cannot be repaid for.
(v) As Title 42 C.F.R part 483.13 explains, any decision to transfer or discharge a resident of a Medicare or Medicaid certified facility can be challenged.
(2) Either through verbal means or in writing, the full disclosure of the rights of the resident either before they are admitted to the facility, or during the time of their admission to every nursing home and licensee. In addition, the nursing home employee’s must be provided a copy of the rights of every resident. A written plan for each resident must be adopted and appropriate staff training must take place by every licensee to implement the requirements of this section. The statement of written rights must contain information for the resident about filing a complaint with the local agency or ombudsman council. In addition, in boldfaced type, the central abuse hotline number, address, and name where complaints may be filed must be stated within the statement.
(3) If the resident has their rights violated, a lawsuit shall be created by the provisions of s. 400.102, s. 400.121, or part 2 of chapter 408. An inspection of a licensed facility must be done with the resident’s experiences in an informal conversation and the ombudsman’s Council consultation in the Elderly Affairs of Department’s service area and planning, to ensure that the rights of residents are being adequately protected.
(4) No criminal or civil liability shall be placed on anyone who makes a complaint regarding any aspect of the facility including the conditions of the facility, the services that they are providing, or the rights of residents that are being violated. In addition, the same applies to anyone who testifies due to the complaint or report, unless it is found that there was a lack of fact of law, or malicious and bad faith intentions when filing the report or complaint.