Residents' Bill of Rights  
The Long Term Care Facilities Residents' Bill of Rights gives a Resident, a Residents Representative or Guardian:
  • Personal Rights;
  • Grievance Rights; and
  • The right to file an action in court.

A Resident has the right to make certain basic choices concerning the care.

These include THE RIGHT TO:

  • Get up and go to bed as desired;
  • Enter & leave as desired;
  • Participate in the development of the resident's care plan;
  • Refuse medications, dietary restrictions and treatment;
  • Associate with whomever is desired on or off facility grounds;
  • Choose or change physicians;
  • Choose pharmaceutical supplier;
  • Vote in any election with no interference;
  • Receive visitors in private;
  • Participate in social, family, religious and community activities;
  • Be free from discrimination based on source of payment;
  • Be free from discrimination based on physical or mental condition.

Physical and Chemical Restraints

A Resident has the right to be free from physical or chemical restraints, isolation or other restrictions. If restraints are used, they must be authorized by a written order from a physician. The order must specify the duration and circumstances under which the restraints are to be used. Their use can only be to the minimum extent necessary to protect the resident or others from immediate injury. They cannot be used for any other purpose.

Transfer and Discharge

Except for certain limited reasons, a resident has the right NOT to be discharged or transferred to another facility against her/his wishes. Reasons for transfer or discharge include:

  • An emergency situation;
  • Failure to transfer will result in injury or illness to the resident;
  • Non-payment of fees;
  • Review team findings determine the resident no longer needs nursing home level of care; or
  • The facility does not participate in the program paying for the resident's care.

Unless it is an emergency situation, the facility must give a 30 day written notice of intent to discharge to the resident.

Grievance Procedure

A Resident, resident representative or guardian who believes the resident's rights have been violated may take advantage of the grievance procedure. If anyone is dissatisfied with the results of the grievance procedure, you may ask for an Administrative Hearing with the Department of Human Resources.

Court Action

A Resident, representative or guardian may file an action in court for damages and other relief.

Your Community Long Term Care Ombudsman can provide further information.

IMPORTANT NOTICE

The information contained in this web site applies only to GEORGIA, USA. It is intended only as INFORMATION and does not constitute legal ADVICE, nor does reading, downloading or otherwise using this site create an attorney-client relationship.  Anyone seeking specific legal advice should contact an attorney licensed in the appropriate state, and should never rely upon the information provided herein, or any other web site, for that matter.