Nursing Home Rights

Posted November 6th, 2017 by .

Categories: Family Law.

nursing home rightsDid you know nursing home residents in New Jersey have certain rights that are guaranteed and protected by the law? This is especially important to know if you have a loved one under this type of care.

According to the New Jersey State Department of Health, the rights of elders under nursing home care include:

  • Medical care;
  • Freedom from abuse;
  • Access to your finances;
  • Privacy;
  • Security;
  • Visits or visitors;
  • And many other regular basic freedoms and cares.

These rights, along with much more, are guaranteed to nursing home residents due to the 1987 Nursing Home Reform Law. This law requires nursing homes to protect each resident’s rights, while placing emphasis on an individual’s dignity and determination.

Nursing homes are required to meet federal guidelines if they participate in Medicare or Medicaid (federal health insurance programs), while some states have state laws regulating this type of care.

The Nursing Home Reform Law requires each nursing home to maintain a high standard for quality of life for the resident. No person’s life or quality of life should decline in health or well-being due to the type of care provided.

In New Jersey, a nursing home resident’s rights can be more specific than the general freedoms and rights that are federally protected. According to N.J.S.A. 30:13-5, a nursing home administrator is required to give each resident a written notice of their bill of rights.

A New Jersey nursing home’s “Bill of Rights” gives nursing home residents the right to:

  • Wear one’s own clothing;
  • Receive and send unopened mail and postage;
  • Retain services of personal physician;
  • Receive food upon religious requirements;
  • Along with other rights that can be found in N.J.S.A. 30:13-5.

This law provides a direct cause of action for violations of a nursing home resident’s rights. The resident or guardian of the resident can bring the action. Unfortunately, the Garden State doesn’t permit lawsuits brought forward by loved ones, other than the guardian, to recover damages or emotional distress.

Contact Us

If your loved one has had their rights violated while living in a New Jersey nursing home, contact the Law Offices of Anthony Carbone for a consultation. We are here to protect your loved one in their time of need.

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