Saturday, August 28, 2010

Resident Rights versus Caregivers Rights

In 1987 the federal government passed a comprehensive "bill of rights" for nursing home patients. Most states followed.

The law gives nursing home residents wide protection, including (when mentally able) the ability to refuse care, meals and just about anything else they please.

Resident care preferences regularly create all sorts of difficult issues though, including:

can white residents refuse care from black nurses and nurse aides? ( a common problem)

can female residents refuse care from male caregivers?  (the courts say yes on privacy grounds)

can residents request care from specific employees (a latino requesting a latino)?

can residents request care from specific employees just because they like the employee?

According to a recent federal court decision in an Indiana case, if a white resident requests "no blacks" and the facility accommodates (apparently following Indiana law) the facility has discriminated against the employee.

This appears to be a no-win situation, but is probably not a settled issue yet.

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