Five Things Nursing Homes Cannot Do
With the increase in nursing home abuse over the last several years, there has been much focus on the things nursing home facilities should do for their residents. However, just as there are things nursing homes should do, there are also a number of things they should not do and that are actually prohibited by law. If you have a loved one in a nursing home, it is important to know what nursing homes cannot do so you can advocate on behalf of your family member.
Discriminate Against Residents
Under federal law, it is illegal for nursing homes to discriminate against nursing home residents, or potential residents, that are in a protected class. Nursing homes cannot make decisions on which residents to admit based on their color, race, age, religion, gender, or any other protected characteristic. Facilities also cannot discriminate against current residents of protected classes by treating them differently than residents that do not fall into those classes.
Manage Their Money Without Consent
Nursing homes are allowed to offer financial services to their residents, but they are never allowed to require residents to let the facility control their money. Even when a resident provides consent, the facility must submit quarterly financial statements and residents must always still have access to their own money. If any of a resident’s money is placed into a managed account, it must pay interest.
Inhumane Treatment
Both federal and state law require that all nursing home residents are treated with respect and dignity. Nursing home residents must be able to make their own decisions, including when they go to bed and wake up, the time they eat their meals, and the activities they take part in during the day. Nursing home staff members are prohibited from physically or verbally abusing residents, neglecting them, or involuntarily isolating residents from others.
Force Medical Treatment
Nursing home residents are not always in the best health. Still, patients have a right to see their own doctor and to refuse to see the practitioner hired by the nursing home. Just like all other patients in the country, nursing home residents also have the right to refuse any treatment.
Retaliate Against Complaints
Nursing home patients have the right to expect respectful and humane treatment. If they do not receive it, they also have the right to make a complaint, either within the facility or a formal complaint with a government agency. Nursing homes are not allowed to retaliate against residents when they make such a complaint, and must continue treating patients with dignity.
Our Nursing Home Abuse Lawyer in Tampa Can Help when Facilities Break the Law
If a nursing home has broken the law and violated the rights of your loved one, our Tampa nursing home abuse lawyer at Kohn Law is here to help. Attorney Kohn is passionate about helping nursing home residents and she wants to help you, too. Call us today at 813-428-8504 or contact us online to schedule a free consultation so we can discuss your case.
Resource:
eeoc.gov/statutes/title-vii-civil-rights-act-1964
