Too many times individuals enter a nursing home feeling as though all their rights have been lost. Not so. Residents of nursing homes and assisted living facilities have rights.

Residents in nursing homes are to be treated in a manner and in an environment that "maintains or enhances each resident's dignity and respect, and in full recognition of the resident's individuality."

According to the Code of Maryland Regulations (COMAR), 10.07.09 a nursing home resident has the right to:

(1) Reside and receive services in a nursing facility with reasonable accommodations of individual needs and preferences, except when accommodations would endanger the health or safety of the resident or other residents;

(2) Receive treatment, care, and services that are in an environment that promotes maintenance or enhancement of each resident's quality of life;

(3) A dignified existence, self-determination, and communication with and access to individuals and services inside and outside the nursing facility;

(4) Be free from interference, coercion, discrimination, or reprisal from the nursing facility when exercising the resident's rights;

(5) Be free from:

(a) Physical abuse;

(b) Verbal abuse

(c) Sexual abuse

(d) Physical or chemical restraints imposed for purposes of discipline or convenience;

(e) Mental abuse; and

(f) Involuntary seclusion;

(6) Choose an attending physician, if the physician agrees to abide by nursing facility policies and procedures, and the regulations (regarding residents' rights);

(7) Choose a pharmacy to obtain medications as set forth in COMAR 10.07.02.15B(3) and D(3);

(8) Be fully informed in advance about care and treatment, and of proposed changes in that care or treatment;

(9) Participate in planning care and treatment, or changes in care and treatment;

(10) Seek advice from the resident care advisory committee concerning the options for medical care and treatment for an individual with a life-threatening condition in accordance with Health General Article '19-370 et seq., Annotated Code of Maryland;

(11) Consent or refuse treatment, including the right to accept or reject artificially administered sustenance in accordance with State law;

(12) Self-administer drugs if the interdisciplinary team determines that the practice is safe;

(13) Access the resident's records within 24 hours, excluding weekends and holidays, upon oral or written request;

(14) Purchase copies of all or part of the resident's records upon request by giving 2 working days advance notice to the nursing facility;

(15) Approve or refuse the release of personal and clinical records to an individual outside the nursing facility unless:

(a) Otherwise provided by Health General Article, '4-301 et seq., Annotated Code of Maryland; or

(b) The release is required by law;

(16) Personal privacy, including:

(a) Confidentiality of personal records; and

(b) Privacy in:

(i) Medical treatment, and

(ii) Personal care;

(17) Privacy in the resident's room, including the right to have nursing facility knock before entering the resident's room;

(18) Privacy in written communication, including the right to:

(a) Send and receive mail promptly without it being opened by anyone other than the resident, except when the resident requests assistance; and

(b) Have access to stationery, postage, and writing implements at the resident's own expense;

(19) Reasonable access to the private use of a telephone;

(20) Meet or visit privately with any individual the resident chooses, subject to reasonable restrictions by the nursing facility on visiting hours and places;

(21) Visit or meet privately with the following, to whom the nursing facility shall provide reasonable access:

(a) A representative of the Secretary of the U.S. Department of Health and Human Services;

(b) A representative of the Department of Health and Mental Hygiene;

(c) The resident's personal physician;

(d) A representative of the State Long Term Care Ombudsman Program;

(e) The agency responsible for advocacy and protection of developmentally disabled and mentally ill individuals in Maryland; or

(f) Any other legal representative

(22) Visit privately with the resident's spouse;

(23) Consent or deny consent to all visits, and may deny or withdraw consent at any time;

(24) Examine the results of the most recent federal and state surveys, including the annual survey and any subsequent complaint investigations, not otherwise prohibited by law, of the nursing facility and any plans of correction prompted by these surveys;

(25) Receive notice before the resident's roommate is changed and, to the extent possible, have input into the choice of roommate;

(26) Voice grievances, including those about treatment or care that is or fails to be furnished, and recommend changes in policies and services, to the staff or administrator of the nursing facility, the Office of Health Care Quality, the Department of Aging or any other person, without fear of reprisal, interference, or coercion, or discrimination;

(27) Prompt efforts by the nursing facility to resolve grievances the resident may have, including those with respect to the behavior of other residents;

(28) Contact and receive information from agencies acting as client advocates;

(29) Refuse to perform services for the nursing facility;

(30) Perform services for the nursing facility if the resident chooses, only if:

(a) The nursing facility has documented the need and desire for work in the plan of care;

(b) The plan specifies the nature of the services to be performed and whether the services are voluntary or paid;

(c) Compensation for paid services is at or above prevailing rates; and

(d) The resident agrees in writing to the work arrangement described in the plan of care, and the contract is part of the resident's record;

(31) Share a room with the resident's spouse if both spouses consent and it is not medically contraindicated; and

(32) Participate in social, religious, and community activities if the activities do not interfere with the rights of other residents in the nursing facility.

If you suspect the rights of a nursing home resident are being violated or if you need further information on the rights of residents in nursing homes, contact the Carroll County Long Term Care Ombudsman Program, 410-386-3800. The program can also be accessed through the Carroll County Government's toll-free number, 1-888-302-8978. Reports may be made anonymously; you are never required to give your name.

According to the Code of Maryland Regulations (COMAR) 10.07.14, an assisted living program resident has the right to:

(1) Be treated with consideration, respect, and full recognition of the resident's human dignity and individuality;

(2) Receive treatment, care and services that are adequate, appropriate, and in compliance with relevant state, local, and federal laws and regulations;

(3) Privacy, including the right to have a staff member knock on the resident's door before entering unless the staff member knows that the resident is asleep;

(4) Be free from mental, verbal, sexual, and physical abuse, neglect, involuntary seclusion, and exploitation;

(5) Be free from physical and chemical restraints;

(6) Confidentiality;

(7) Manage personal financial affairs;

(8) Maintain legal counsel;

(9) Attend or not attend religious services as the resident chooses, and receive visits from members of the clergy;

(10) Possess and use personal clothing and other personal effects to a reasonable extent, and to have reasonable security for those effects in accordance with the assisted living program's security policy;

(11) Determine dress, hair style, or other personal effects according to individual preference, unless the personal hygiene of a resident is compromised;

(12) Meet or visit privately with any individual the resident chooses, subject to reasonable restrictions on visiting hours and places, which shall be posted by the assisted living manager;

(13) Make suggestions, complaints, or present grievances on behalf of the resident, or others, to the assisted living manager, government agencies, or other persons without threat or fear of retaliation;

(14) Receive a prompt response, through an established complaint or grievance procedure, to any complaints, suggestions, or grievances the resident may have;

(15) Have access to the procedures for making complaints to:

(a) The Long Term Care Ombudsman Program of the Department of Aging as set forth in COMAR 14.11.05,

(b) The adult protective services of the local department of social services,

(c) The Office of Health Care Quality, and

(d) The protection and advocacy agencies;

(16) Have access to writing instruments, stationery, and postage;

(17) Receive a prompt reasonable response from an assisted living manager or staff to a personal request of the resident;

(18) Receive and send correspondence without delay, and without the correspondence being opened, censored, controlled, or restricted, except on request of the resident, or written request of the resident's representative;

(19) Receive notice before the resident's roommate is changed and, to the extent possible, have input into the choice of roommate;

(20) Have reasonable access to the private use of a common use telephone within the facility;

(21) Participate in planning the resident's service plan and medical treatment;

(22) Refuse treatment after the possible consequences of refusing treatment are fully explained; and

(23) Retain personal clothing and possessions as space permits with the understanding that the assisted living program may limit the number of personal possessions retained at the facility for the health and safety of other residents.

(24) Share a room with a spouse if it "is feasible to do so and not medically contraindicated" and both spouses agree to the arrangement.

(25) Not be assigned to do any work for the assisted living program without the resident's consent and appropriate compensation, unless the resident declines to be compensated.

If you suspect the rights of an assisted living resident are being violated or if you need further information on the rights of residents in assisted living homes, contact the Carroll County Long Term Care Ombudsman Program, 410-386-3800. The program can also be accessed through the Carroll County Government's toll-free number, 1-888-302-8978. Reports may be made anonymously; you are never required to give your name.