Patient Rights in a Maryland Nursing Home

Patients in Maryland nursing home facilities have certain rights under federal law, called the Nursing Home Reform Act. This law set forth a Residents’ Bill of Rights that nursing homes are obligated to comply with in order to continue receiving Medicare and Medicaid payments and state certification.

If you or a loved one are experiencing nursing home abuse or neglect in violation of the established patient rights in Maryland nursing homes that residents are entitled to, an experienced nursing home abuse and neglect lawyer could help.

Federal Nursing Home Reform Act Residents’ Bill of Rights

The federal NHRA sets forth certain rights that nursing home residents in Maryland must be given, including the rights to:

• Live free from abuse, neglect, and mistreatment in their nursing home or assisted living facility.
• To not be physically restrained.
• Be afforded privacy and dignity, including during bathing, dressing, toileting, and medical care, even when the resident must be assisted with these tasks.
• Possess access to unrestricted communications. In particular, this means that nursing home facilities and their staff must not prevent residents from contacting or communicating with their families, and should not engage in isolating the resident.
• Have their medical, physical, psychological, and social needs met, including the ability to see doctors, obtain medication, and socialize with family, friends and other residents.
• Participate in groups of their choosing and another programming for residents and their families
• Exercise self-determination about their own care, to the extent they are able, such as being consulted about their care plan and being notified in advance of significant changes to their care, treatment, or living arrangements. This includes being consulted about moving to a different facility.
• Voice grievances without any retaliation from the facility or staff. Under federal law, nursing home facilities are required to provide residents with the grievance procedure and to post information about how to contact oversight agencies and organizations about poor care.

Filing a Complaint when Violations of Resident Rights Occur

There are a number of different ways a nursing home resident can seek to enforce their rights when violations take place. They can report their complaint to their nursing home’s social worker, administration, doctor or nurse. Many of these professionals are considered mandated abuse and neglect reporters.

Nursing home residents and their family members may also file complaints directly with the state agency overseeing nursing home compliance and certification, which in Maryland is the Department of Health, Office of Health Care Quality.

Finally, there are additional agencies and advocacy organizations that help nursing home residents and their families with abuse and neglect claims, such as the Maryland Long-Term Care (LTC) Ombudsman Protection and Advocacy Network and the Centers for Medicare & Medicaid Services.

Learn More About Patients’ Rights in Maryland from a Nursing Home Abuse Attorney Today

If you or your loved one sustained abuse or neglect at the hands of a negligent Maryland nursing home facility, a compassionate lawyer could help you understand the resident’s rights under state and federal law.

If your patient rights in a Maryland nursing home were violated, your experienced personal injury attorney can help you navigate the grievance process and determine whether you may be eligible for compensation of your damages.