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At any age, you’re still a citizen; even in long term care, you have rights Know what they are and be prepared to uphold them By Don Harrison Those inalienable rights all Americans are entitled to don’t vanish in your later years, the way your raven or golden tresses may. A senior citizen is a citizen, first and foremost. But if you’ve become dependent, some caregivers may find it convenient to short-circuit your rights. Each of us should know what these rights are and be prepared to uphold them. “Once equipped with the knowledge of their rights,” points out Lynda Pickett, ombudsman project manager of Philadelphia Corporation for Aging (PCA), “residents and family are better able to speak up and advocate for themselves to ensure that the quality of facility life they desire becomes a reality.” Long term care residents are protected through the Older Americans Act, she notes. Regulating agencies have the authority to impose sanctions — fines, usually — against facilities that violate regulations. The rights of residents in nursing homes, personal care homes and domiciliary care (Dom Care), as well as clients at older adult centers, differ slightly. But all residents have the right to be informed in writing of those rights, are entitled to privacy and to be treated with dignity and respect; to be free from mental, physical and sexual abuse and exploitation; to use their own possessions; and to voice grievances without retaliation. Nursing, personal care homes Nursing home residents must be informed in writing of the facility’s policies and procedures, services and changes. They have the right to know about their medical condition; participate in their own care (including the right to refuse treatment); choose their own physician and pharmacy; and have their records kept confidential. They also have the right to manage their own personal finances. The rights of personal care home residents are similar. Also, they may leave and return at reasonable times; receive visitors; have telephone access and privacy; receive and send mail. They must receive 30 days advance written notice of the facility’s intent to terminate their residency, including the reason; and to request and receive assistance in relocating. Dom Care, centers In Dom Care, residents have the right to be accepted and treated as a member of the household. Like personal care residents, they have the right to receive and send mail, and use the telephone freely for local calls; request and receive assistance in relocating; and participate actively in care planning and in setting their own goals, with assistance if necessary. They must be allowed to make decisions and manage personal affairs as freely as possible. They are entitled to “full enjoyment of the home, excluding the personal areas of other members,” and to recommend changes in household rules or policies. They must get assistance, if necessary, in obtaining medical care. Older adult centers At adult day care centers, you have the right to participate in development and implementation of your care plan; “receive services designed to promote ... functional ability to the optimal level and to encourage independence ... [and] have safe, comfortable, healthful accommodations, furnishings and equipment.” You must be free to end participation in the center at any time and to contact and meet privately with representatives of the Long term Care Ombudsman Program. For information and “rights training,” ombudsman Lynda Pickett says, you are welcome to contact her at PCA, 215-765-9000, ext. 3109. Whom you may contact Two local community-based programs providing ombudsman services are the Center for Advocacy for the Rights and Interests of the Elderly (CARIE) at 215-545-5724 (South, West or North Philadelphia) and Neighborhood Interfaith Movement (NIM) at 215-843-0304 (all other areas of Philadelphia). If you want to contact the regulating agency for each type of facility, these are the numbers: • Nursing homes: Department of Health, toll-free 1-866-711-4115; fax 610-270-1147 • Personal care homes: toll-free 1-866-711-4115; fax 610-270-1147 • Dom Care: PCA at 215-765-9040; fax 215-765-9066. • Adult day care centers: Pa. Department of Aging, 1-717-273-9262. Volunteers needed: To learn how to become a volunteer ombudsman, call the PCA Helpline at 215-765-9040.
