AG19811221 - Laserfiche WebLink

Home Browse Search

~MORANDUM continued Page there are some differences primarily due to the stricter medical requirements for nursing home patients. The residents' rights speak to the basic rights of'the individual, and there is provision that no rights can be waived by a facility for any of its residents. What makes the Declaration of Residents' Rights significant is that each resident shall be informed of their rights under the law. Although Rest Homes have operated under certain standards and minimum conditions under the licensing law, and they are monitored on a monthly basis by the county Department of Social Services, this law will enhance the residents' understanding of his rights, and his limitations in this institutional setting. This basic understand- ing of the individuals' rights by the resident, the responsible family member and the community~ should con tribute to a better quality of life for the resident in the home. Tbs second major segment of the law is concerned with the implementa- tion of the specified provisions. This section specifies the eeforcement respon- sibilities, and speaks to the revocation of a licenpe and the administrative penalties that may be imposed on a facility if it fails to comply with the pro- visions of the law. Again, tbs existing system for the enforcement of regulations and investigations will be utilized. The county Department of Social Services shall monitor the Bill of Rights in each home as part of its monthly monitoring visits to the home. The law spells out the investigation procedure in detail, when there are instances of alleged violations of the Declaration of Rights. The state Department of Human Resources (Division of Facility Services) is responsible for the enforcement of the residents' rights, and has the authority to initiaEe civil penalties including fines~ along with revoking the home~s license in order to assure compliance with the law. The third significant section deals with the Domiciliary Home Community Advisory Committees. As mentioned previously, these committees are optional~ although they are encouraged to be set up in each county which has at least one licensed domiciliary home. The committees are important as they are intended to serve the homes in'the county~ and of course the residents by working for their best interests. The committees are supposed to '~maintain the spirit of the Bill of Rights" in each licensed home in the state~ and to promote community invol%~ent and cooperation witb the homes in order to ensure quality of care for the resi- dents. Although the counties will have maximum flexibility in deciding on the size of the committees, the composition of its members, and the length of their terms, there are some minimum qualifications for appointment which should pro- vide enough guidance to the commissioners in order to appoint good people to these committees. The functions of the committees are clearly spelled out in the law, and in addition to their community involvement and community education functions~ other responsibilities are included. Committees are encouraged to recruit volun- tary resources to assist the bome in serving its residents, and they are also responsible for preparing an annual report outlining the problems of facilities as well as issues affecting long term care in general. This report will be help- ful in evaluating the impact of this legislation, and may provide the information that can be used for possible future modifications in the law.