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elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing home residents have a right to reasonable accomodation of needs and preferences. 42 C.F.R. § 483.10(e)(3) provides that the resident has a right to be treated with respect and dignity, including: (3) The right to reside and receive services in the facility with reasonable accommodation of resident needs and preferences except when to do so […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

42 C.F.R. § 483.10(e)(2) provides that the resident has a right to be treated with respect and dignity, including: (2) The right to retain and use personal possessions, including furnishings, and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents. Appendix PP: All residents’ […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing home residents have the right to visitation. Specifically,  42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including but not limited to the rights specified in paragraphs (f)(1) through (11) of this section. (4) The resident has a […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information and to socialize, and rights concerning financial matters. Specifically,  42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information and to socialize, and rights concerning financial matters. Specifically,  42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing home residents have the right to choose his or her attending physician. The physician must be licensed to practice, and if the physician chosen by the resident refuses to or does not meet requirements specified in this part, the facility may seek alternate physician participation as specified in paragraphs (d)(4) and (5) of this […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Appendix PP provides the following additional guidance regarding treatment of residents with impaired, or potentially impaired decision-making capacity: Definitions: “Court of competent jurisdiction” means any court with the authority to hear and determine a case or suit with the matter in question. “Resident representative” For purposes of this subpart, the term resident representative may mean […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Appendix PP provides the following guidance regarding a resident’s right to self-administer medications as provided in 42 C.F.R. §483.10(c)(7). If a resident requests to self-administer medication(s), it is the responsibility of the interdisciplinary team (IDT) (as defined in §483.21(b), F657, Comprehensive Care Plans) to determine that it is safe before the resident exercises that right. […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing home residents have the same right to participate in the informed consent process as any other patient. 42 C.F.R. § 483.10(c) provides: The resident has the right to be informed of, and participate in, his or her treatment, including: (1) The right to be fully informed in language that he or she can understand […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Nursing home residents have a right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States. Speficially, the facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility. The resident has the […]

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