Five Categories of Resident’s Rights

Resident rights is the largest section of the Mega Rule. It guides the facility on providing quality of care and quality of life for our residents.

There are five categories of resident’s rights.

  1. Self-determination
  2. Dignity and respect
  3. Grievances
  4. Freedom from abuse, neglect, and exploitation
  5. Environment

Self Determination

Also called choice and care planning, self determination means residents have the right to:

  • choose a representative
  • be informed of the risks and benefits of proposed care
  • refuse or discontinue treatment
  • establish expected goals
  • see their care plan
  • make choices
  • receive visitors
  • incorporate personal and cultural preferences

If a resident is not able to say, we have the right and responsibility to ask.

Dignity and Respect

Treating a resident with dignity and respect means:

  • always addressing residents by name or pronoun, whatever is their preference
  • avoiding using labels for residents such as “feeders” or “walkers”, or by their disease such as “diabetic”
  • always emphasizing it’s the residents choice to do something, or not, rather than referring to a resident as being non-compliant

Grievances

Residents have the right to voice grievances and we have to make an effort to promptly resolve these grievances. One of the new features of the Mega Rule is that the facility must establish a grievance policy that includes a grievance official and it’s grievance official is responsible for overseeing the grievance process.

Freedom from Abuse, Neglect, and Exploitation

Freedom from abuse, neglect, and exploitation requires reporting of any allegations of abuse, neglect, or exploitation. Social service staff have always had to do this, but the new Mega Rule changed the reporting requirement times. Now, you must immediately report allegation. The report must be within two hours, if the allegation of bodily injury has occurred, but no later than 24 hours, if not bodily injury has occurred.

Environment

In order to provide a good environment, the facility must:

  • provide a safe clean and home-like environment
  • allow a resident to use their personal belongings to the extent possible
  • ensure the resident can receive care and services safely
  • ensure the physical layout maximizes the resident’s independence and does not pose a safety risk.
  • provide reasonable care for the protection of the resident’s property from theft or loss

More information about the new Mega Rule and Resident Rights are available in the Social Services and the New Mega Rule course offered by SSD Training by Jody Giac.

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