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The Federal Government and the Commonwealth of Massachusetts have set forth regulations designed to safeguard the civil rights for residents of long term care facilities. A facility must promote and protect the rights of each resident. These rights should be posted in each facility. These rights include, but are not limited to the following:
- To be informed, both orally and in writing, in clear and conspicuous type, in a language the resident understands, of rules and polices of the facility at the time of admission and any time after when these rules or policies change.
- To be informed of one’s total health status and to participate in planning one’s care.
- To choose one’s attending physician, to be informed of the name and specialty of one’s attending physician and how to contact them.
- To refuse treatment, to refuse to participate in experimental research and to draft an advance directive.
- To be given personal privacy during medical treatments and doctors’ visits and when communicating both in writing and by telephone.
- To be free from any physical or chemical restraints.
- To examine one’s medical or personal records and to receive an explanation of them.
- To remain in one’s room, unless a room change is necessary to meet health care or safety needs, which could not otherwise be met.
- To receive 48 hours advance written notice, excluding weekends and holidays, when one’s roommate is being changed, except in emergency situations.
- To present grievances without discrimination or reprisal and to have these grievances resolved to the best of the facility’s ability.
- To share a room with one’s spouse, if the spouse is living in the same facility and both spouses agree.
- To be free from abuse, neglect and mistreatment.
- To be free from all forms of discrimination, including, but not limited to, discrimination on the basis of disability or payment source.
- To remain in the facility of your choice (involuntary discharge is prohibited under most circumstances).
These rights apply to all residents in long term care facilities, regardless of payment source. If you have questions about resident’s rights or a violation of them, contact: Elder Services Ombudsman Program 66 Wendell Avenue, Pittsfield 499-0524 or 1-800-544-5242 or check the Ombudsman page on Elder Services’ website at www.esbci.org.