What rights do my parents have in assisted living? - AgingCare.com

What rights do my parents have in assisted living?

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Especially related to wanting or not wanting home health services.
I am an extremely involved daughter, visiting my parents at AL at least every other day for an hour or more; also I lived with them for 5 years up until 2 years ago - my point of telling you that is that I am more aware than anyone at the AL facility of my parents' condition.
My parents are old school and do not want to "talk" about their feelings; believe me I've tried various times over the last few years. They do NOT want it and I have decided I will not force that on them in their last weeks/months/years on this planet. YET the AL executives order 'SOCIAL WORK" consult without either my or my parents' permission. Can they do this? Can they kick my parents out if we refuse home health? [I will call their doctor for an in-facility visit or take them to a doctor outside the facility when they need it.]

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Why does the AL want to have the SW done-- do they charge extra for this? We have visited not a few AL.and senior facilities. Seemed to be no easy apples to apples way to compare, some places had included 10 meals a month others required dinner purchased every day. I don't recall any AL that included therapy services of any kind. But there was one that made it clear they were liability concerns if they did not provide medical services that could possibly be needed, they would err on side of providing services to protect themselves essentially. So that is not quite like someone living in their own home , being able.to decline going to doctor. Even though, when you rent a room in AL you are in "your" home, you are very much surrounded by lots of people who would love to help you out (for a price......).
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I'm curious why your parents moved to Assisted Living if they don't want to use any of the services; they might be more suited to an Independent Living facility, if there are any in their area.

We moved my mom to one of these when it was clear she could no longer live alone in her suburban house with no access to transportation once she stopped driving. IL made her feel independent again; shops were within walking distance, I set her meds up for her, doctors were on site
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As others have said the social worker is probably their case manager in the facility. They want to make sure your parents have everything they need and are getting along OK. And yes, to set up more services if needed. One of the reasons to go to assisted living is for the oversight and the facility could get in a lot of trouble if something happened to your parents because they weren't being properly cared for.
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So, if your parents want to refuse SW consult, it seems pretty clear that they can. But if they need assistance with their ADLs, ( which why most folks go to Assisted Living), it may need that the SW is the person who coordinates those services. Make sure that they are not denying themselves the services they need.
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Rights of Residents in Assisted Living Residences

Resident's rights and responsibilities shall include, but not be limited to the following:
(A) Every resident's participation in assisted living shall be voluntary, and prospective residents shall be provided with sufficient information regarding the residence to make an informed choice regarding participation and acceptance of service;

(B) Every resident's civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed;

(C) Every resident shall have the right to have private communications and consultation with his or her physician, attorney and any other person;

(D) Every resident, resident's representative and resident's legal representative, if any, shall have the right to present grievances on behalf of himself or herself or herself or others, to the residence's staff, administrator or assisted living operator, to governmental officials, to long term care ombudsmen or to any other person without fear or reprisal and to join with other resident's or individuals within or outside of the residence to work for improvements in resident care;

(E) Every resident shall have the right to manage his or her own financial affairs;

(F) Every resident shall have the right to have privacy in treatment and in caring for personal needs;

(G) Every resident shall have the right to confidentiality in the treatment of personal, social, financial and medical records, and security in storing personal processions;

(H) Every resident shall have the right to receive courteous, fair and respectful care and treatment and a written statement of the swervices provided by the residence, including those required to be offered on an as-needed basis;

(I) Every resident shall have the right to receive or to send personal mail or any other correspondence without interception or interference by the operator or any person affiliated with the operator;

(J) Every resident shall have the right not to be coerced or required to perform work of staff members or contractual work;

(K) Every resident shall have the right to have security for any personal possessions if stored by the operator;

(L) Every resident shall have the right to receive adequate and appropriate assistance with activities of daily living, to be fully informed of their medical condition and proposed treatment, unless medically contradicted, and to refuse medication, treatment or services after being fully informed of their medical condition and proposed treatment, unless medically contradicted, and to refuse medication, treatment or services after being fully informed of the consequences of such actions, provided that an operator shall not be held liable or penalized for complying with the refusal of such medication, treatment or services by a resident who has been fully informed of the consequences of such refusal;

(M) Every resident and visitor shall have the responsibility to obey all reasonable regulations of the residence and to respect the personal rights and private property of the other residents;

(N) Every resident shall have the right to include their signed and witnessed version of the events leading to an accident or incident involving such resident in any report of such accident or incident;

(O) Every resident shall have the right to receive visits from family members and other adults of the resident choosing without interference from the assisted living residence; and

(P) Every resident shall have the right to written notice of any fee increase not less than forty-five days prior to the proposed effective date of the fee increase; provided, of any fee increase not less than forty-five days prior to the proposed effective date of the fee increase; provided, however that if a resident, resident representative or legal representative agrees in writing to a specific rate or fee increase through an amendment of the residency agreement due to the resident need for additional care, services or supplies, the operator may increase such rate or fee upon less than forty-five days written notice.

Waive of any of these resident rights shall be void. A resident cannot lawfully sign away the above-stated rights and responsibilities through a waiver or any other means.
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Hoping someone out there can help with the legal aspects of resident rights when living in ALFs. Thanks.
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Also, I think you may be misunderstanding what home health is. Home health is assistance with bathing, dressing, other activities if daily living, and medication management. As Pam says, all these services would have to be ordered by their doctor.
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Social Work is not psychiatry, so work with the SW. You could learn a lot from the caseworker's experience. An ALF will not kick them out unless they break the rules. READ the admission documents. If they need home health such as PT, OT, bath aides etc., it is ordered by an MD, not an SW.
IF you parents tell the SW they insist on returning to their home, you will need to seek Guardianship, because the law gives them the right determine where they will live unless they are declared incompetent by a Judge.
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Why do you assume that social work service is about "talking about their feelings'? Social work is about case management. Work with the social worker to get your parents' needs met.
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