The Person’s Rights



The Person’s Rights





People want information about their health problems and treatment. They want to understand and be involved in treatment decisions. As patients and residents, they have certain rights.



Patients’ Rights


In April 2003 the American Hospital Association adopted The Patient Care Partnership: Understanding Expectations, Rights, and Responsibilities (Appendix A). The document explains the person’s rights and expectations during hospital stays. The relationship between the doctor, health team, and patient is stressed.



Residents’ Rights


The Omnibus Budget Reconciliation Act of 1987 (OBRA) is a federal law. It applies to all 50 states. Nursing centers must provide care in a manner and in a setting that maintains or improves each person’s quality of life, health, and safety. Nursing assistant training and competency evaluation are part of OBRA (Chapter 3). Resident rights are a major part of OBRA.


Residents have rights as United States citizens. They also have rights relating to their everyday lives and care in a nursing center. Some residents cannot exercise their rights. A representative (partner, adult child, court-appointed guardian) does so for them. A representative is a person who has the legal right to act on the patient’s or resident’s behalf when he or she cannot do so for himself or herself.


Nursing centers must inform residents of their rights. This is done orally and in writing before or during admission to the center. It is given in the language the person uses and understands. An interpreter is used if the person speaks and understands a foreign language or communicates by sign language. Resident rights also are posted throughout the center.


See Focus on Surveys: Residents’ Rights, p. 10.




Information


The right to information means access to all records about the person. They include the medical record, contracts, incident reports, and financial records. The request can be oral or written.


The person has the right to be fully informed of his or her health condition. The person must also have information about his or her doctor. This includes the doctor’s name and specialty and how to contact the doctor.


Report any request for information to the nurse. You do not give the information described above to the person or family (Chapter 3).


See Focus on Communication: Information.




Refusing Treatment


The person has the right to refuse treatment. Treatment means the care provided to maintain or restore health, improve function, or relieve symptoms. A person who does not give consent (Chapter 3) or refuses treatment cannot be treated against his or her wishes. The center must find out what the person is refusing and why. The center must:



Advance directives are part of the right to refuse treatment (Chapter 32). They include living wills and instructions about life support. Advance directives are written instructions about health care when the person is not able to make such decisions.


Report any treatment refusal to the nurse. The nurse may change the person’s care plan (Chapter 5).



Privacy and Confidentiality


Residents have the right to personal privacy. Expose the person’s body only as necessary. Only staff directly involved in care and treatment are present. Consent is needed for others to be present.


A person has the right to use the bathroom in private. Privacy is maintained for all personal care measures. Bathing, dressing, and elimination are examples. Residents have the right to visit with others in private—in areas where others cannot see or hear them. This includes phone calls (Fig. 2-1). If requested, the center must provide private space. Offices, chapels, dining rooms, and meeting rooms are used as needed.



The right to privacy also involves mail. No one can open mail the person sends or receives without his or her consent.


Information about the person’s care, treatment, and condition is kept confidential. So are medical and financial records.


Privacy and confidentiality are discussed in Chapters 4 and 5.







Personal Items


Residents have the right to keep and use personal items. Treat the person’s property with care and respect. The items may not have value to you but have meaning to the person. They also relate to personal choice, dignity, a home-like setting, and quality of life.


The person’s property is protected. Items are labeled with the person’s name. The center must investigate reports of lost, stolen, or damaged items. Police help is sometimes needed.


Protect yourself and the center from being accused of stealing a person’s property. Do not go through a person’s closet, drawers, purse, or other space without the person’s knowledge and consent. A nurse may ask you to inspect closets and drawers. Center policy should require that a co-worker and the person or legal representative be present. They witness your actions.

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Nov 5, 2016 | Posted by in MEDICAL ASSISSTANT | Comments Off on The Person’s Rights

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