Georgia Nursing Home Resident Rights
When you or a loved one moves into a nursing home, you still maintain human dignity and human rights. Both federal law and Georgia law has developed to ensure that individuals living in nursing homes are protected and guaranteed certain rights. Every nursing home resident in Georgia is entitled to be treated with dignity, receive proper care, and retain an appropriate level of control over personal choices and finances.
This article aims to begin a discussion on some of the rights guaranteed to Georgia long-term nursing care residents. If you have questions about the care you are receiving, you suspect abuse or neglect in the case of a loved one, contact an experienced nursing home abuse and neglect attorney at the Forsythe Law Firm.
Applicable Law
Many laws exist to protect vulnerable individuals, including those receiving long-term care in nursing facilities. Some of these laws are federal, applying in every state, and some were specifically developed under the Georgia legislature.
Important state and federal law of note includes:
- Georgia’s Bill of Rights for Residents of Long-Term Care Facilities (O.C.G.A. § 31-8-100 et seq.) This Georgia bill of rights guarantees residents certain fundamental rights such as privacy, the ability to make choices about their own care and activities, and freedom from abuse or neglect.
- Georgia Department of Community Health regulations (Ga. Comp. R. & Regs. § 111-8-50.) Establishes regulations for a variety of healthcare services. This is done primarily through its Healthcare Facility Regulation Division (HFRD), which licenses, monitors, and inspects facilities like nursing homes.
- Federal nursing home regulations from the Centers for Medicare & Medicaid Services (42 C.F.R. § 483.10 et seq.) These regulations cover staffing, resident assessments and care plans, quality of life, and resident rights. These rules ensure facilities provide quality care, establish proper protocols, and maintain necessary staff.
Rights and Protections
Below is a brief overview that goes a bit deeper into some of the protections these laws provide.
- The Right to Quality Care
- Every person is entitled to adequate and appropriate medical, nursing, and personal care.
- Every person has a reasonable expectation to participate in care plans and understand any proposed treatments.
- People have the right to access their medical records and review them promptly.
- The Right to Dignity and Respect
- Staff must treat people with courtesy, kindness, and respect at all times.
- Facilities cannot discriminate against people based on age, race, religion, disability, gender, marital status, or payment source.
- People may practice or abstain from practicing any religion and exercise constitutional rights, including the right to vote.
- People have the right to interact with family, friends, and community members.
- The Right to Privacy and Personal Property
- People have a right to private visits and confidential phone calls.
- People have the right to send and receive unopened mail.
- So long as it does not create a danger to yourself or others, people have the right to manage their own money and personal belongings.
- People have privacy rights in their personal care and medical treatments.
- The Right to Speak Without Fear
- People have the right to raise concerns about their care with staff, the state long-term-care ombudsman, and/or the Georgia Department of Community Health.
- The facility cannot punish, threaten, or otherwise retaliate against people for making complaints.
- You have the right to join or establish a residents’ council that shares concerns and suggests improvements.
Contact the Forsythe Law Firm
An Atlanta nursing home abuse and neglect attorney at the Forsythe Law Firm can help you pursue your rights. Contact our office today to speak with experienced legal counsel on your next steps.
Sources:
dch.georgia.gov/divisionsoffices/facility-licensure/hfrd-file-complaint
law.justia.com/codes/georgia/title-31/chapter-8/article-5/
