Long-Term Care Residents’ Rights Month: What Florida Families Should Know
October is Long-Term Care Residents’ Rights Month, a time to recognize the dignity, independence, and rights of people living in nursing homes and other long-term care settings.
The observance began in 1981 as Residents’ Rights Week, after nursing home residents attending a national conference called for a dedicated time to recognize residents and their rights. In 2011, the observance expanded to the entire month of October, providing more opportunities for residents, families, advocates, and care communities to raise awareness about these important protections.
At its heart, Residents’ Rights Month is about something simple but important: Moving into a long-term care facility does not mean giving up your voice, your choices, or your dignity.
Understanding Florida Nursing Home Residents’ Rights
Florida law provides nursing home residents with numerous rights designed to protect their independence, privacy, safety, and ability to participate in decisions affecting their lives.
Among these protections are the rights to:
- Be treated courteously, fairly, and with dignity.
- Make independent personal decisions and exercise civil and religious liberties.
- Participate in decisions about medical care and treatment.
- Refuse medication or treatment and be informed of the potential consequences.
- Have privacy during treatment and personal care.
- Communicate privately and receive visitors.
- Receive information about available services and related charges.
- Voice concerns or grievances without fear of retaliation.
- Be free from abuse, neglect, exploitation, and inappropriate restraints.
- Access advocates, including representatives of the Long-Term Care Ombudsman Program.
- Receive certain protections regarding transfer or discharge from a facility.
These rights aren’t simply suggestions for good care. Florida nursing homes are required to inform residents of their rights and provide residents or their legal representatives with a copy of those rights at or before admission.
Why Residents’ Rights Matter to Families, Too
Knowing these protections can be just as important for family members and caregivers.
When someone you love enters long-term care, you may suddenly find yourself participating in conversations about medical treatment, finances, living arrangements, benefits, and other significant decisions. Understanding your loved one’s rights can help you ask informed questions, recognize potential concerns, and advocate for their wishes.
But advocacy also depends on having the appropriate legal planning in place.
Documents such as a durable power of attorney, health care surrogate designation, and advance directives can help identify who is authorized to assist with important decisions if a person can no longer make or communicate those decisions independently.
Planning ahead can give families greater clarity during circumstances that may already be stressful and emotional.
What If You Are Concerned About a Loved One’s Care?
Residents have the right to raise concerns about their care without interference, discrimination, coercion, or retaliation. Florida law also specifically provides residents access to ombudsmen and other advocates.
If something does not seem right, family members can begin by documenting their concerns and communicating with the appropriate staff or administration at the facility.
Florida’s Long-Term Care Ombudsman Program is another important resource. The program advocates for residents of nursing homes, assisted living facilities, adult family-care homes, and continuing care retirement communities and works to investigate and resolve complaints made by or on behalf of residents.
Knowing where to turn for assistance can help residents and their families make their voices heard.
Planning Helps Protect More Than Finances
Long-term care planning often brings financial questions to mind: How will care be paid for? Will Medicaid be needed? Can assets be protected?
Those questions are important, but comprehensive elder law planning goes beyond finances.
Planning can also help preserve a person’s independence, preferences, and voice by making wishes clear and identifying trusted people who can act when assistance is needed.
That is why conversations about long-term care should ideally happen before a crisis occurs. Families have more time to understand their options, put appropriate legal documents in place, and make thoughtful decisions based on the individual’s needs and wishes.
Residents’ Rights Month is an important reminder that receiving long-term care should never mean losing the right to be heard, respected, and involved in decisions about your own life.
If you or someone you love is preparing for long-term care, reviewing an existing plan, or facing questions about Medicaid and elder law planning, Shalloway & Shalloway can help you understand your options and prepare for the decisions ahead.