Council on Aging Senior Guide 2012 - 79

COUNCIL ON AGING ORANGE COUNTY

Making Care Plans Work
Continued from page 76

example, a problem getting along with your roommate could be more important to you than treatment plans. A good care plan should:
n Be specific to you by reflecting your concerns and desires; n Support your well–being and rights; n Use a team approach involving a variety of staff and outside referrals as needed; n Include specific goals; n Assign tasks to specific staff members; n Be written in common language everyone can understand; and n Be updated as your needs change.

The nursing home and your doctor must tell you in advance about care and treatment they are planning and seek your informed consent. This means they must give you pertinent information about treatment options and the possible benefits and consequences. You or your legal representative have the final say in all decisions. You cannot be neglected or evicted if you refuse care or treatment. A nursing home is obligated to identify and present alternative care approaches that address your goals and concerns. Rights of Family Members Many nursing home residents rely on family members to speak up for them. You may be surprised that family members have specific legal rights to participate in nursing home matters. As a family member, you have the right to:
n Participate in assessments and care planning; n Be informed of residents’ rights; n Immediate access to visit the resident at any time, subject, of course, to the resident’s consent; n Be notified within 24–hours of an accident resulting in injury, a significant change in the resident’s condition, a need to alter treatment significantly, or a decision to transfer the resident; n Be notified promptly if the resident is going to be moved to another room or if there is a change of roommates; and n Participate in a family council and make recommendations and present grievances without retaliation.

Resident and Family Participation in Care Conferences Care planning conferences are held soon after admission and at least every three months to design and update the care plan. You and your family have the right to be invited and involved in each meeting. It is a great opportunity to make sure your care plan honors your choices about care, services, daily schedule, and life in the nursing home. A good care conference takes time, sometimes an hour or more. Ask the staff to plan sufficient time and to hold the meeting when you and people you want to attend are available. If you have favorite staff persons, such as trusted nursing assistants, ask that they be invited. Plan your list of questions, needs, problems and goals. If there is a current care plan, ask to see a copy. Think about the need for any changes. During the meeting, the staff should explain care options and ask you about your needs and preferences. Don’t be afraid to speak up. If you need help, ask someone you trust to speak for you. Ask questions about anything you don’t understand. You don’t have to accept staff care recommendations unless you agree with them and feel they meet your needs. Find out who you should talk to if changes are needed in the care plan or if there are problems with the care being provided. Last but not least, ask for a copy of the written care plan. Make sure it reflects the agreements made at your meeting. Choosing and Refusing Care You have the right to choose or refuse any care or treatment offered to you, at any time and for any reason.
Council On Aging-Orange County | 714-479-0107 | www.coaoc.org

You do not need special legal authority to exercise these rights. Typically, the right to be notified about certain matters is exercised by the resident’s next of kin, legal representative or someone else designated by the resident or the family at admission. Nursing homes must record and periodically update the address and phone number of the designated family member so that timely information can be shared. Note: This fact sheet summarizes pertinent laws and regulations found at: 42 USC §§1396r(b)(2)&(3) and (c); 42 CFR §§483.10, 483.20 & 483.15(c); California Code of Regulations, Title 22, Division 5, §§72311, 72527, & 72528; and California Health and Safety Code §§1418.4 & 1599.1(i). If you would like a copy of CANHR’s booklet on organizing family councils, would like assistance in organizing a family council, or more information on resident’s rights please contact CANHR at (800) 474–1116.
Senior Guide OC 2012

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Council on Aging Senior Guide 2012

Table of Contents for the Digital Edition of Council on Aging Senior Guide 2012