Long-Term Care Residents' Rights Act

Summary

Long-Term Care Residents' Rights Act - Declares as a policy of the United States that each resident in a long-term facility has specified rights, such as the right to participate in decisionmaking regarding medical treatment. Imposes certain requirements upon participating long-term care facilities (facilities which participate in a health care program, receive Federal assistance, or are certified for participation in a Federal or State health care financing program), among them: (1) establishing written policies regarding residents' rights; (2) developing procedures for implementing such policies; (3) informing residents of their rights; (4) informing residents of the services available; (5) assisting residents in exercising their rights as residents and citizens, including filing complaints and voicing grievances; (6) protecting each resident from mental and physical abuse; and (7) permitting residents who are husband and wife to share a room if they so choose. Prohibits such facilities from: (1) denying admission to or terminating the stay of any resident because of the source of third-party payment; (2) interfering with the right of the resident to receive primary health care services from sources other than the facility; (3) interfering with the right of the resident to manage his personal financial affairs; and (4) involuntarily transferring or discharging a resident without giving 30-days' notice. Amends the Older Americans Act of 1965 to require the long-term care ombudsman program to investigate and resolve complaints made by or on behalf of a resident of a long-term care facility regarding alleged violations of rights secured by this Act. Grants to any individual whose rights under this Act have been violated a cause of action against the facility for damages and other relief in a U.S. District Court (without regard to the amount in controversy or exhaustion of remedies). Stipulates that the provisions of this Act shall not apply to any facility: (1) for the mentally ill; (2) owned or operated by the Federal Government; or (3) affiliated with a prison or correctional institution.

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1 official file

• Introduced in Senate

  summary · EN · 27 February 1986

  Open at official source

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