By: Cindy Quisenberry

UNDERSTANDING PEOPLES’ RIGHTS

Peoples’ Rights Rights are things a person is entitled to; something one has a just or legal claim to Always remember that residents/patients are individuals who have the same rights as you.

They have the right to be treated with respect and dignity, to pursue a meaningful life, to be free from fear.They have the same legal rights as any other U.S. citizen.All residents have the right to high-quality care.

Peoples’ Rights

I depend on you to keep me safe, to respect me, and preserve my rights and freedoms.

Medical terms Chemical Restraint – medication used to sedate a patient or slow their muscle activity Physical Restraint – any mechanical device that restricts a resident’s movement or access to their body Sedate – to calm with drugs Coercion – making someone do something against their will, often by a threat Discrimination – a prejudiced or unfair action because of some characteristic of the personReprisal – retaliation against or punishment of a person for doing something

Medical terms Interference – act of obstruction; preventing a person from doing something Right – something one has a just or legal claim to Self-determination – freedom to make your own choices and choose your own actions Confidentiality – keeping information private Ombudsman – person required by law to investigate complaints by residents or other violations of rights Status – state, situation Grievance – a formal complaint

Medical terms Retaliation – the act of getting revenge or punishing a person for doing something Corporal punishment – physical punishment Involuntary seclusion – isolation of a resident against their will Neglect – failure to do something that should have been done Transfer – move to another room in the facility Allegation – a person’s statement or intended legal action

Medical terms Advocate – someone who takes the side of another person and speaks for themHearing – initial examination in a criminal procedureAt risk – has a probability of having some type of medical incident (ie: falls, seizures, allergies, asthma, heart disease) Incident – something happens that is unusual; it could be medical or behavioral Securing – making something safe Belittle – to make a person seem smaller or less important Sentimental Value – the value of the object comes not form the money it could be sold for, but because of the associations and memories it has for the owner – perhaps it was a present from a parent, child, or spouse

Medical terms Verbal Abuse – includes using profanity, calling a resident names, yelling at a resident in anger, making oral or written threats, or teasing a resident in an unkind manner Physical Abuse – any action that causes actual physical harm. This includes handling a resident too roughly; giving a wrong treatment to a resident; or hitting, pushing, pinching, or kicking a resident Negligence – failing to act in the same way that reasonable person with the same training would act in the same situation Gross Negligence – any action that shows no concern for the resident’s well-being

Medical terms Sexual Abuse – includes sexual acts between a patient and a staff member. It may also include touching patients in an intimate or suggestive manner, making sexual comments or allowing another patient/resident to engage in unwanted sexual acts with a patient/resident

Mental Abuse – includes any action that makes a patient/resident fearful, such as threatening them with harm or threatening to tell others something they do not want them to know. It includes actions that belittle or make fun of a resident

Medical termsTheft – (of stealing) of a resident’s belongings is another form of abuse Battery – the unlawful beating or use of force – or even touching Advocate – someone who takes the side of another person and speaks for them Hearing – initial examination in a criminal procedure

Legal Rights In the early 1980’s a study was done of what residents need to feel protected in long term care facilities. This led to the passing of OBRA 87 (Omnibus Budget Reconciliation Act), the nursing home reform bill. This reform defined residents’ rights.

Legal Rights Requirements for Long Term Care Facilities

The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility.A facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life.The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect, in full recognition of their individuality.

Residents’ bill of Rights

All People Have the Right to: Exercise One’s Rights Privacy and Confidentiality Information Choose Notification of a Change Keep and Manage Their Own Funds (or have someone else do it for them) – Protection of Resident’s Personal Funds File a Grievance – Grievance Rights Admission, Transfer, and/or Discharge Right to be Free from Restraint or Abuse

Seven components of abuse prohibiton programs

Screening policies for potential hiresTraining of employees Facilities must have prevention policies and proceduresProcedures for investigating incidents and allegations Procedures for identifying possible incidents or allegationsProcedures for protecting residents during an investigationProcedures for responding and reporting

Peoples’ Rights Mrs. Morrison tells you that at home she had tea everyday at 1515. You tell her the kitchen is closed from 3-4, so she can only have her tea after 1600. But the kitchen in fact does NOT close, and you told her this b/c your shift ends at 1530, and from 1500-1530 you are busy reporting to the charge nurse and finishing documentation. You did not want to do anything for residents during that time. You were more interested in finishing your paperwork so you could go home. Did you violate this resident’s rights?

Peoples’ Rights It is warm day and you have been working hard at the facility all day. You feel very warm. When you go to care for Mr. Simpson, his room feels hot to you. You open the window and do not close the curtain, so that you can cool off while you give care. Did you violate this resident’s rights?

Peoples’ Rights Mr. Connors’ son calls while he is in the bathroom. He asks you to tell his dad to call him back. You want Mr. Connors to take his shower now, b/c you are behind in your work, so you decide to tell him about his son’s call later on. Did you violate this resident’s rights?

Peoples’ Rights Mrs. Cain would like to wear her new pink dress that went to the laundry over a week ago. On your break, you saw that her dress has been ironed and is hanging in the laundry room, but you didn’t fell like taking it to her just then. So you tell Mrs. Cain that you called the laundry and they said the dress is still not ready. Did you violate this resident’s rights?

Peoples’ Rights The charge nurse tells you to call her when a resident’s family member arrives for their daily visit. The charge nurse wants to report to them the fact that you accidentally scratched the resident when giving personal care. When they arrive, you do not tell the charge nurse. Did you violate this resident’s rights?

Peoples’ Rights Mr. Belcher continually offers you money. He tells you that you are the best healthcare worker in the facility. You always say no. One day he offers you what he calls lunch money and says, “I have so much money, I wish you would take it.” So you do. Have you violate this resident’s rights?

Peoples’ Rights A patient complains to you that you never answer their call light on time. She says, “Please ask the charge nurse to come see me.” You say, “I’m doing the best job I can,” and you do not tell the charge nurse about the resident’s complaint. Have you violate this resident’s rights?

Peoples’ Rights Mrs. Sartain’s Alzheimer’s disease is getting worse. She requires more skilled nursing care and is being transferred to the second floor this morning. The charge nurse asks you if you have prepared the resident for the change as requested. You did not prepare her, b/c you thought she wouldn’t understand you. This morning you go into her room to pack her belongings. Mrs. Sartain is extremely upset and surprised by having to move. Did you violate this resident’s rights?

Peoples’ Rights You hear a resident swearing at another CNA. The CNA tells the resident, “No dinner for you.” Later, you serve the resident their dinner but do not report the other CNA’s behavior. Did you violate this resident’s rights?