Resident Rights and Resident Councils
Many states have enumerated the legal rights of residents in licensed board and care facilities in documents that deal with issues of the right to privacy and confidentiality, freedom from restraints and the right of residents to join with other residents and individuals in working to improve resident care. You should obtain this information from your state's Department for the Aging or your local Area Agency on Aging.
A resident council is the vehicle by which residents in an adult home work together to improve conditions in their facility. Residents meet in private to discuss issues of concern to them and then present their concerns to the administration of the facility. Often the facility administrator, or staff member is assigned to be a liaison, meets with a committee of residents from the council and listens to the issues. In this manner, residents can organize to make their collective voice heard and effect change in the facility. Staff members should not attend these meetings unless the Council has invited them to attend.
Long-term Care Ombudsman Programs
It is generally accepted that surveys and inspections carried out by state departments of health and other licensing agencies while necessary, are often insufficient to protect the rights of vulnerable residents. As a result of this perceived problem, federal legislation established the Long-Term Care Ombudsman Program to advocate for residents of nursing homes and board and care facilities. By federal mandate, every state has ombudsmen who visit nursing homes and, in 34 states, also visit board and cares (and similar facilities). The ombudsman program has both paid staff and trained volunteers who visit each facility on a regular basis to get to know the residents and to advocate for them. Ombudsmen can respond to a particular resident's complaint and also can take the initiative and go directly to the administration when they have witnessed something that should be addressed. Since there are too few ombudsmen to regularly visit every facility, a phone number for the program must be conspicuously posted in each facility. A resident or family member can call and request a visit by an ombudsman.
Developed by, and made available with the permission of John J. Connolly, Ed.D., President and CEO of Castle Connolly Medical Ltd. "America's trusted source for information on top doctors and quality healthcare."