Foundation of Resident Rights in Wisconsin
Wisconsin nursing home residents are afforded legal protections through a combination of federal and state laws. Federal law, specifically the Nursing Home Reform Law of 1987, establishes key rights for residents in facilities participating in Medicare and Medicaid. Wisconsin supplements these federal protections with state-specific statutes and regulations. This framework ensures residents are treated with respect and receive a high standard of care.
The Right to Dignity, Respect, and Freedom
Residents have the right to be treated with dignity and respect, which includes freedom from abuse, corporal punishment, involuntary seclusion, and verbal or psychological harassment. A significant aspect of this is the freedom from restraints.
- Freedom from Restraints: Chemical and physical restraints can only be used with a physician's written order for a limited time and must be documented. Restraints cannot be used for staff convenience or discipline.
- Safe Environment: Facilities must provide a safe, clean, and comfortable living space where residents can use personal items and wear their own clothes.
The Right to Privacy and Confidentiality
Protecting residents' privacy and the confidentiality of their information is a key right.
- Confidentiality: Medical, personal, and financial records must be kept confidential.
- Private Communication: Residents can communicate privately with visitors, send and receive sealed mail, and have private phone calls.
- Personal Privacy: Privacy must be maintained during care, treatment, and personal activities.
The Right to Participate in One's Own Care
Residents have the right to be informed about their health and actively participate in care decisions.
- Informed Consent: Residents must be informed about their condition, care plan, and treatment options in a way they understand and must consent before treatment.
- Refuse Treatment: Residents can refuse medication or treatment after understanding the potential consequences.
- Access Records: Residents can review their medical records upon request.
- Choice of Doctor: Residents can choose their own doctor.
- Care Planning: Residents should be involved in developing their care plan and can request meetings to discuss it.
The Right to Make Independent Choices
Residents have the right to make personal choices affecting their daily life and well-being.
- Personal Decisions: This includes choices about clothing, free time, and sleep schedules.
- Financial Affairs: Residents can manage their own finances or appoint a trusted person.
- Activities: Participation in social, religious, and community activities is protected.
- Resident Councils: Residents can form and participate in councils to voice concerns to the administration.
Rights Regarding Transfer and Discharge
Residents are protected against unfair transfer or discharge. Generally, facilities must provide a 30-day written notice explaining the reason and appeal rights. Reasons for transfer or discharge are limited, such as when the resident's needs cannot be met, their health has improved, their presence endangers others, non-payment occurs, or the facility closes.
Comparison of Federal and State Protections
| Right | Federal Law (OBRA '87) | Wisconsin State Law & Regulations | Key Differences & Overlaps |
|---|---|---|---|
| Dignity & Respect | Mandates quality of life emphasizing dignity, choice, self-determination. | Explicitly protects residents from humiliation, harassment, and threats. | State law provides more specific examples of protected conduct. |
| Freedom from Abuse & Restraints | Guarantees freedom from abuse, neglect, and chemical/physical restraints. | Aligns with federal rules, details authorization for restraints, and adds freedom from verbal/psychological abuse. | Both are strong, but state law adds specificity regarding types of abuse and restraint authorization. |
| Complaints & Grievances | Right to voice grievances without fear of reprisal, and facility must make prompt efforts to resolve. | Same as federal, plus specific process for filing complaints with the Wisconsin Division of Quality Assurance (DQA). | Both protect the right, but Wisconsin provides clear state-level reporting channels. |
| Transfer & Discharge | Requires 30-day notice for non-emergency transfers, with appeal rights. | Matches federal requirements, ensures appeal rights through the state. | Protections are consistent across both jurisdictions. |
| Privacy & Confidentiality | Protects privacy and confidentiality of personal and medical records. | Reinforces these rights, specifically mentioning private visits and sealed mail. | Protections are comprehensive under both state and federal law. |
How to Enforce Your Rights
If a resident's rights are violated, there are steps to take. Initially, discuss the issue with the nursing home staff or administrator. If unresolved, external assistance is available. The Wisconsin Long-Term Care Ombudsman Program advocates for residents, investigates complaints, and mediates issues confidentially and free of charge. They can be reached at 1-800-815-0015. The Wisconsin Division of Quality Assurance (DQA) also investigates complaints about facility standards and health violations and can be contacted at 1-800-642-6552.
The Importance of Documentation
Documenting any grievance is essential. Record dates, times, details of the incident, staff involved, and witnesses. This information is crucial when filing a complaint or seeking help from the Ombudsman or DQA. Documenting attempts to resolve the issue with the facility can also be beneficial.
Conclusion
Understanding the legal rights of nursing home residents in Wisconsin is vital for ensuring they receive proper care and are treated with dignity. Both federal and state laws provide a strong framework of protections. By knowing these rights and utilizing available resources like the Wisconsin Long-Term Care Ombudsman and the Division of Quality Assurance, residents and their advocates can ensure accountability and a high quality of life. The right to voice grievances without fear of retaliation is a powerful tool to uphold these protections. For more information, visit the Wisconsin Board on Aging and Long Term Care website.
