Senior Questions 'N Answers

	Muriel Schackelford

The Messenger has asked Muriel Schackelford to answer questions related to long-term care.

She is regional long-term care ombudsman with Land of Lincoln Legal Assistance Foundation with offices in East St. Louis. She visits long-term care facilities in the diocese and advocates for patients’ rights in those facilities.

She has been invited to use this space for a monthly column on the Senior Page to answer your questions. Please send questions to Schackelford at The Messenger: 2620 Lebanon Ave., Belleville, IL 62221 or e-mail Cathnews@peaknet.net

Dear Muriel:
I am writing because I have a question concerning my mother who is a resident in a nursing home in Illinois. She had a gown that disappeared and they could not find it for couple months. I always inquired about it because her clothing was not to be taken out of her room for laundry or anything. I had notes posted and all knew that I did her laundry. After three months they consented to pay me for the gown but advised me they are not responsible for personal property and that I should not leave anything of importance in her room. Is this true? Other folks are wearing their regular clothing. I thought this place was to be her home. She is bed ridden and I am unable to care for her at home. I go every day to see her . Since she has been there (3/15/03) she developed a decubitus on her coccyx and one on her R hip after about 2 weeks at the home. She has been in the hospital and extended care of our hospital since 10/18/03. She had several strokes after a carotid artery surgery. She never had broken skin during the time she was there. Where can I find information about the law in regards to care in nursing homes?

Dear Concerned Caregiver:
Your question regarding the rights of nursing home residents reflects the importance of this month’s celebration of Residents’ Rights week October 5-11. The national theme this year is 24/7: Residents’ Rights Around the Clock. Residents’ rights are guaranteed by the federal 1987 Nursing Home Reform Law. The law requires nursing homes to “promote and protect the rights of each resident” and places a strong emphasis on individual dignity and self-determination. Nursing homes must meet residents’ rights requirements if they participate in Medicare or Medicaid. A person living in a long-term care facility maintains the same rights as an individual living in the larger community.

Residents’ rights guarantee quality of life. The 1987 Nursing Home Reform Law requires each nursing home to care for its residents in a manner that promotes and enhances the quality of life of each resident, ensuring dignity, choice, and self-determination.

All nursing homes are required “to provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care that is initially prepared, with participation to the extent practicable of the resident, the resident’s family, or legal representative.” This means a resident should not decline in health or well-being as a result of the way a nursing facility provides care.

The 1987 Nursing Home Reform Law protects the rights of nursing home residents. Following is a summary of those rights:
• Your rights to safety and good care;
• Your rights to participate in your own care;
• Your right to privacy;
• Your rights regarding your money;
• Your personal property rights;
• Your rights in paying for your care and getting Medicare and Medicaid;
• Your rights to stay in your facility;
• Your rights as a citizen and a facility resident; and
• Your right to present grievances to your facility to outside organizations and advocates including your long term care ombudsman.
A copy of the entire explanation of Residents’ rights is available free of charge from your local long term care ombudsman.

Remember to join the Family Council at your loved ones nursing home. If your particular nursing home is without a family council you might want to consider developing and implementing an independent family council. Family councils are vehicles to bring about improvements in care and provide forums for discussions on topics of interest to family members concerned about their loved ones. The Land of Lincoln Ombudsman Program will host its first Annual Family Caregiver Council Conference from 10 a.m.-4 p.m. Oct. 16 at the Holiday Inn, Collinsville.
I encourage everyone to think about all individuals who live in nursing homes or assisted living facilities.

If you want to make a lasting difference in the life of an individual, visit a nursing home resident today! If you need additional assistance with this issue, please contact 271-9140, ext. 224.