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South Carolina Nursing Home Bill of Rights Lawyers Understand the Protections Seniors Can Demand
Our attorneys provide professional counsel for seniors whose rights are abused
There are federal and South Carolina laws that specifically set forth the rights of seniors in nursing homes. These laws were enacted to provide protection for older nursing home residents. The aim of the laws is to prevent physical, emotional, sexual, and financial abuse of elder care residents. Seniors have a right to know the laws that can make them secure. They also have the right to make sure the laws are obeyed.
A South Carolina nursing home bill of rights attorney at McGowan, Hood, Felder & Phillips, LLC, can provide you with a detailed statement of the rights of seniors. If a nursing home does not honor one of the listed rights, we seek enforcement of the right and compensation for any injuries or damages that may have occurred. We want seniors and their families to know that the nursing homes are for the benefit and security of the elder citizens. When a senior’s rights are neglected or refused, we hold nursing homes and their staff accountable.
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Federal nursing home bill of rights
The federal Nursing Home Reform Act was enacted in 1987 to make sure residents of assisted-living facilities get the best care for their physical and psychological wellbeing. The Act applies to nursing homes that receive Medicaid and Medicare payments. Most nursing homes do get these federal payments and must comply with the Act. These are the rights set forth in the Act:
- The right to freedom from abuse, mistreatment, and neglect
- The right to freedom from physical restraints
- The right to privacy
- The right to accommodation of medical, physical, psychological, and social needs
- The right to participate in resident and family groups
- The right to be treated with dignity
- The right to exercise self-determination
- The right to communicate freely
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility
- The right to voice grievances without discrimination or reprisal
Penalties for noncompliance of the Nursing Home Reform Act
Nursing homes that fail to comply with the Act can be subject to the following penalties:
- Civil damages
- Nonpayment for new Medicaid and Medicare residents
- Nonpayment for existing Medicaid and Medicare patients
- South Carolina can monitor the nursing homes in its state
- A correction plan can be ordered
- Training of staff can be ordered
- The right to operate the nursing home can be terminated
State Nursing Home Bill of Rights
South Carolina has its own bill of rights for residents in its nursing home. The law and the rights of seniors are set forth in the state Bill of Rights for Residents of Long-Term Care Facilities law. Many of these rights are similar to the federal law. Some of the many provisions included in the state law include:
- All residents should be given a written copy of their rights, the charges, and refund policies
- Residents also have the right to choose their own attending physician, the right to be informed about their medical care, and to participate in decisions about their medical treatment
- The right to refuse experimental treatments
A South Carolina nursing home bill of rights lawyer knows the grievance procedures that nursing homes are required to establish and how to hold nursing homes accountable for failure to establish grievance procedures or to enforce the patient’s rights. Our lawyers also understand that South Carolina’s nursing home laws preclude any retaliation by a nursing home or a staff member against any resident who asserts his or her rights.
Contact our compassionate South Carolina attorneys with vast legal knowledge
McGowan, Hood, Felder & Phillips, LLC, are dedicated, driven, and committed to delivering results. Nursing home abuse of seniors matters to us. If you suspect abuse of an elder nursing home resident, let us help the senior assert his or her rights and obtain the justice and compensation you deserve.
Contact McGowan, Hood, Felder & Phillips, LLC, today. Call 803-327-7800 and schedule a free case evaluation with an experienced South Carolina nursing home bill of rights attorney, or fill out our contact form from any device. We proudly serve people throughout the state from offices in Columbia, Anderson, Rock Hill, Sumter, and Georgetown.