When a loved one is in the care of a nursing home, we expect the facility to treat them with the dignity and care they deserve. In fact, nursing home facilities in New York State are legally responsible for ensuring residents’ rights are upheld. When these rights are violated, injuries and other damages can result. Please continue reading to learn more about the rights of nursing home residents in New York. Contact a dedicated Rochester nursing home abuse lawyer if you believe your loved one has been harmed.
Understanding Nursing Home Residents’ Rights in NYS
Nursing home residents in New York state have a number of rights and protections afforded to them by both the federal and state governments. In general, these rights are designed to ensure residents have quality care, dignity, respect, and autonomy. These rights apply regardless of a resident’s age, disability, or payment source. Understanding the laws in place designed to protect residents of nursing homes and other long-term care facilities is critical to quickly identifying and addressing violations.
What Legal Protections Do Nursing Home Residents Have?
NYS law provides some of the strongest protections for nursing home patients. Essentially, these laws impose affirmative duties, which means staff are required to take preventative steps to deter harm.
New York Public Health Law Section 2801-d (Resident Bill of Rights)
Under this statute, the rights of residents of residential healthcare facilities are established and enforceable, thus allowing residents or their families to seek compensation for damages in the event that a violation results in injury.
As such, violations of these rights become legally actionable when the care facility fails to uphold a reasonable standard of care, and that failure results in harm to a resident. This includes situations where staff knew or should have known about unsafe conditions, understaffing, or medical neglect. In these cases, liability may exist even if the facility claims it adhered to internal policy.
Key Protections Under New York Public Health Law Section 2801-d
- The right to be treated with dignity, respect, and consideration at all times by all staff
- Protection from physical, emotional, financial, and sexual abuse
- Freedom against neglect
- The right to a safe, sanitary, and humane living situation
- The right to pursue legal action when violations result in harm without having to prove negligence
What Are the Specific Rights of Nursing Home Residents?
Nursing home residents in New York are entitled to several rights beyond the basic legal protections covered under NY PBH § 2801-d.
Personal Autonomy and Daily Living Rights
Despite living in a residential care facility, residents do not lose control over their personal lives. As such, these rights include:
- The right to receive visitors and engage in private communications with family and friends
- Freedom to make personal decisions about activities, clothing, and schedules
- Privacy during personal and medical care
- Protection against retaliation for asserting rights or raising complaints
Medical Care and Decision-Making Rights
Residents reserve the right to remain actively involved in their healthcare decisions. As such, they are entitled to:
- Clear and comprehensive explanations of diagnoses, treatment plans, and alternative options
- The right to accept or refuse care and medication
- Access to medical records when requested
- Participation in care-planning meetings
Financial and Property Rights
Nursing homes are prohibited from financially exploiting the residents in their care. As such, residents have protections, including:
- Safeguarding of personal assets
- Fair billing practices
- Transparency regarding charges and services
What to Do if Nursing Home Rights are Violated?
When the rights of a resident at a nursing home or other long-term care facility are violated, prompt action is critical to protect the rights of the resident while preserving evidence.
Steps Families and Residents Should Immediately Take
- Document injuries, unsanitary conditions, or changes in behavior
- Take photos of visible injuries and unhygienic situations, like dirty bathrooms or soiled sheets
- Report the concerns to the facility administration in writing
- Seek medical evaluation for injuries or declining health
Reporting Nursing Home Abuse and Neglect in New York
Because residents in nursing homes are some of the most vulnerable individuals, there are a number of state reporting options that can assist in investigating the claims.
The New York State Department of Health Complaint Process
The NYS Department of Health can conduct investigations into claims of nursing home abuse or neglect across the state.
Reporting Options
What Role Does the Long-Term Care Ombudsman Have in NYS?
The Long-Term Care Ombudsman Program allows for independent advocacy for those in facilities. Unfortunately, many are unaware of this program, despite its integral role in protecting those in nursing homes from violations of their rights, abuse, or neglect.
How Does This Program Help Residents?
Ombudsmen represent the residents’ interests and do not act on behalf of the facility. As such, they can assist by:
- Investigating complaints of abuse or neglect
- Informing residents and their families of their legal rights
- Working in conjunction with state agencies and law enforcement
- Advocating for long-term changes within the facilities’ operations
Access Rights Under New York Law
In accordance with state law, all New York nursing homes and residential care facilities are required to provide residents with direct access to Ombudsman staff and volunteers at no cost. As such, this includes:
- Mandatory access to facilities for Ombudsman representatives
- No interference with investigations conducted by the Ombudsman
- Resident consent to protect privacy
When Legal Action May Be Necessary in New York State
Unfortunately, some nursing home violations can result in serious injury, illness, or even the wrongful death of a resident. As such, these matters require legal intervention beyond administrative complaints and investigations.
Situations That Can Justify a Lawsuit
- Falls caused by a lack of supervision
- Bedsores from neglect
- Medication errors
- Untreated illness or injury
- Physical or sexual abuse
- Financial exploitation
Contact an Experienced Nursing Home Abuse Attorney Today
At Lacy Katzen LLP, we understand how devastating it can be to learn that your loved one has suffered abuse or neglect by those you’ve trusted with their care. As such, it is in your best interest to connect with an experienced attorney from our firm to represent your loved one. We will explore all options to fight for the best possible outcome today. Contact our firm to learn how we can assist you during these difficult times.
