Long-Term Care Residents' Rights Act - Declares as the policy of the United States that each resident in a long-term care facility has specified basic rights, such as the right to participate in decisionmaking regarding his or her medical treatment and the right to confidential treatment of personal and medical records.
Requires that each long- term care facility which participates in a health care program, receives Federal assistance, or is certified for participation in a Federal or State health care financing program secure to each resident such basic rights by meeting specified obligations, including the following: (1) establishing written policies regarding residents' rights and procedures for implementing such policies; (2) informing residents of their rights and of any changes in the policies and procedures of the facility at least 30 days before any such change becomes effective; (3) informing residents of the services and charges of the facility; (4) giving 30-day notice to a resident who is to be involuntarily transferred or discharged from the facility; (5) assisting each resident to exercise his or her rights as a resident and citizen, 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 the same room if they so choose. Prohibits any such facility from: (1) denying admission to or terminating the stay of any resident because of the source of third-party payment; or (2) interfering with the right of any resident to receive primary health care services from sources other than the facility.
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 United States 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 for the mentally ill or which is owned and operated by the Federal Government or which is affiliated with a correctional institution.
Introduced in Senate
Referred to Senate Committee on Labor and Human Resources.
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