Resident’s Rights Preamble

Every resident of The John Clarke Nursing Center is entitled to recognition of various rights and the respect of his or her human dignity. These rights include the same freedoms, privileges, and civil rights and liberties enjoyed by any other citizen. Each resident also has obligations and responsibilities to the facility, its staff, and to other residents. Among these rights we wish to call to your attention to the following:

  1. To be fully informed of all the rights and all rules and regulations governing resident contact and responsibilities prior to or at the time of admission and during stay;
  2. To be fully informed, prior to or at the time of admission and during stay, of services available at this facility, and of related charges including any charges for services not covered under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act, or not covered by this facility’s per diem rate;
  3. To be fully informed by a physician, of your medical condition unless medically contraindicated (as documented by the physician in the medical record), and to have the opportunity to participate in planning your medical treatment and to refuse to participate in experimental research;
  4. To not be transferred or discharged from this facility unless for medical reasons, or for your own welfare or for that of other patients, or for nonpayment of your stay (except as prohibited by titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act), and to Receive reasonable advance notice of any contemplated transfer or Discharge to insure orderly implementation thereof, and to have actions and decisions related thereto documented in your medical record;
  5. To receive encouragement and assistance from the staff of this Facility throughout the period of your stay to exercise your right as a patient and as a citizen; and to this you may voice grievances and recommend changes in policies and services to the Facility Staff and/or to outside representatives of your choice, free from restraint, interference, coercion, discrimination, or reprisal.
  6. To manage your personal and financial affairs, or if the responsibility therefore is delegated in writing to and accepted by the facility for any period of time in conformance with state law, to receive at least quarterly an accounting of financial transactions made on your behalf;
  7. To be free from mental and physical abuse, and free from chemical and physical restraints, except as authorized in writing by your physician for a specified and limited period of time, or when necessary for your own protection or the protection of others;
  8. To be assured that confidential treatment will be accorded your personal and medical records, and of your right to approve or refuse their release to any individual outside the facility, except in the case of your transfer to another health care institution or as required by law or third-party contract;
  9. To be treated always with consideration, respect, and full recognition of your dignity and individuality including privacy in the treatment and care of your personal needs;
  10. To be free from any request or requirement to perform services for the facility that are not included for therapeutic purpose in your Plan of Care;
  11. To associate and communicate privately with persons of your choice, and send and receive your personal mail unopened, unless Medically contraindicated (as documented by your physician in the medical record);
  12. To retain and use your personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other residents, and unless medically contraindicated (as documented by the attending physician in his medical record);
  13. To be assured privacy for visits by your spouse if married, and to share a room with your spouse if he or she is also an inpatient of this facility, unless medically contraindicated (as documented by the attending physician in the medical record);

All rights and responsibilities specified in paragraphs (1) through (13) above as they pertain to (a) a resident adjudicated incompetent in accordance with State Law, (b) a resident who is found, by his physician, to be medically incapable of understanding these rights, or (c) a resident who exhibits a communication barrier-devolve to such residents guardian, next of kin, sponsoring agency (ies), or representative payee (except when this facility itself is representative payee) pursuant to the Social Security Act and regulations issued hereunder.