Resident Rights

This past year has resulted in a new milestone regarding the curtailment of personal rights in the name of the common good. Public health mandates have taken precedence over personal liberties in a myriad of ways. But no single population has felt the reduction of personal rights and freedoms as keenly as those residing in long term care facilities. To properly safeguard these rights, we first must understand what resident’s rights are. This article will provide a brief overview of some of the more beleaguered rights of residents currently residing in Adult Care Facilities.

Not to be confused with nursing homes, Adult Care facilities, include Adult Homes, Assisted Living programs, and Assisted Living Residences. These models offer limited services of both a personal and sometimes medical nature to residents who are disabled and require limited assistance. Given the institutional nature of the accommodations, clear legal standards have been established regarding what Residents can, and cannot expect from the facility. Whether or not the individual facilities meet expectations, unfortunately, varies greatly.

At first glance, most “resident rights” seem straightforward, but virtually all of them can be, even with the best intentions, violated by the Facility. During the past year, facilities have legally curtailed certain civil rights (i), Residents have been occasionally restrained in their rooms (x), and the right to privacy in their rooms has been diminished, (vii), all in the name of “public health and safety.” Likewise, the right to join with other Residents to work for improvements (v), the right to confidential treatment of personal, and health records (viii), and the right to be permitted to leave and return to the facility at reasonable hours (xii), have been curtailed due to COVID19 mandates.

But COVID19 aside, resident’s rights are often thoughtlessly violated, in a genuine effort to “help” the Resident. A common example of this benign disregard of regulations often involves a Resident who has some mild capacity issues. They routinely receive important time sensitive documents regarding their benefits, and the Administration opens their mail before giving it to the Resident, so that the case manager knows what action may need to be taken. This is a clear violation if it is done without the express permission of the Resident, but it is, arguably, done “for the good” of the Resident.

Another common violation occurs when a resident who perhaps has control or substance abuse issues requests their entire PNA (personal needs account) money on the first of the month. The Home decides arbitrarily, to only remit a small sum per week so that the individual will not be insolvent within a few days, or spend the money on addictive substances. (Continued on page 31)

ErikaS.Verrill,Esq.

Attorney-In-Charge Adult Care Facility Project, Nassau/Suffolk Law Services, Inc. You can reach Erika at (631)232-2400 x3362 everrill@nsls.legal

10 Tips for Residents and Family

1. Read the Admission agreement. If necessary, consult with a lawyer. 2. Visit the facility beforehand, preferable at a mealtime 3. Discuss your medical needs and the arrangements for them ahead of time. 4. Ask about any specific dietary restriction accommodations. 5. Understand the visiting policy. 6. Ask about parking at the facility if you have a vehicle. 7. Make sure your financial affairs are in order before you go to the facility. 8. Understand the fee structure and anticipate declining health. Don’t spend out before you age out! 9. Ask if there is a locked drawer/box for valuables. 10. Do your research. Due to COVID19 inspections were not conducted in large number in 2020/21, but you can get a feel for the facility from past inspections. Look up the facility’s inspections on the department of Health Website for citations/violations: https://profiles.health.ny.gov/acf Erika S. Verrill, Esq. Attorney-In-Charge

Adult Care Facility Project Nassau/ Suffolk Law Services, Inc (631)232-2400 x3362 everrill@nsls.legal