“You as the family member have the right to give information, ask questions, participate in care plan meetings, offer suggestions, review care plan documents and accept or refuse offered care.”
Last week, we discussed why it may be beneficial for a family to move a loved one into long-term care. Whether the determining even was a fall, a stroke, or Alzheimer’s, you want the best care possible. The first step in assuring that your loved one gets the best of care is to know your rights, both of the resident as well as the family members.
You may be surprised, but the law (the Nursing Home Reform Act (OBRA ‘87)) gives family members specific legal rights to participate in nursing home matters. As a family member, you have the right to:
• Be informed of residents’ rights;
• Immediate access to visit the resident at any time, subject, of course, to the resident’s consent;
• Be notified within 24-hours of an accident resulting in injury, a significant change in the resident’s condition, a need to alter treatment significantly, or a decision to transfer the resident;
• Be notified promptly if the resident is going to be moved to another room or if there is a change of roommates;
• Participate in a family council and make recommendations and present grievances without retaliation; and be involved in and to participate, with the resident if possible, in developing a meaningful and effective care plan.
The nursing home is required to do a comprehensive assessment within 7 days of admission and at least once a year there-after. Assessment is a way of learning important information, i.e., “the whole picture,” about a resident so that an individualized care plan can be developed. The assessment must also examine your routines, habits, activities and relationships in order to help your loved one live more comfortably and feel at home in the facility.
You as the family member have the right to give information, ask questions, participate in care plan meetings, offer suggestions, review care plan documents and accept or refuse offered care. If you get involved in the care planning process, it is almost certain that your loved one will get better care and enjoy a higher quality of life.
Within seven days after the assessment is completed, the nursing home must create an initial care plan that addresses all of your needs and concerns. Don’t be afraid to ask questions about anything you don’t understand. You do not have to accept staff care recommendations unless you agree with them and feel they meet your needs. Find out who you should talk to if changes are needed in the care plan or if there are problems with the care being provided.
If done properly, the care plan is a custom made strategy for how the staff will help you every day. Use the care plan to monitor the overall care of your loved one. Hold the facility accountable for carrying out the plan in good faith. As indicated above, an effective care plan will be concrete, with many areas to observe and monitor. It will give you many practical things to look for in the overall care and in specific care approaches for your loved one.
Visit at different times and shifts and on different days of the week. It is also important to visit at meal times, when activities are planned and definitely at night and on the weekends. These strategies are important in order to get a full picture of the patterns of care in the facility and the performance and attitude of care staff at different shifts. The unpredictability of your visits can also keep the facility on its toes.
One last comment – generally, nursing home staff will resent being told how to do their job, but will appreciate knowing more about what your loved one’s likes and dislikes are and what might have worked for you. Genuine praise can go a long way in building good relationships. When you observe a staff providing good care or handling a difficult situation well, tell them that you appreciate their quality service. And let the supervisors know about good staff performance.
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Elder Law Services of California is proud to announce that attorney Andrew Paranal has joined its trust department. Mr. Paranal began his career in estate planning in 2013 and has since expanded into asset protection and Medi-Cal planning. He became interested in Elder Law after helping care for a family member who experienced a debilitating event. Mr. Paranal is excited to join an established law firm and hopes to educate his Filipino community about the tremendous benefits of proper estate planning.
For more information, please visit elderlawcalifornia.com or call 1-800-411-0546