Kelley Smith at CarePartners Senior Living joins Suzanne to talk more about the Bill of Rights of senior living. After reviewing the first 16 rights, they talk about the final four of the 20 rights.
17. To be free of retaliation after they have exercised their rights provided by law or rule.
18. To have a safe and home-like environment.
19. To be free of discrimination in regards to race, color, national origin, gender, sexual orientation, or religion.
20. To receive proper notification if requested to move out of the facility or community, and be required to move out only for reasons stated in the 50-state assisted living facilities law.
Learn more about CarePartners at their website.
View Episode Transcript
*The following is the output of transcribing from an audio recording. Although the transcription is largely accurate, in some cases it is incomplete or inaccurate due to inaudible passages or transcription errors.
The following podcast is provided by care partners living and answers for elders radio and welcome back everyone to the answers for elders radio network. And I am here with a wonderful Kelly Smith from care partners living and we are talking about the bill of rights of senior living and in this lack segment we’re gonna sum it up, but I’m just gonna quickly review all the rights before Kelly we go into it. I’m going to read them very quickly. Number one, to be treated with dignity and respect. Number two, to be given informed choices in an opportunity to select a refused service and to accept responsibility for the consequences. Number three, to participate in initial care service plan or any revisions or updates at the time that the changes occur. Number four, to receive information about the method for evaluating their service needs and assessing the costs for their services provided. Number five, to exercise their individual rights that do not infringe upon others or their rights and safety of others, to be free from neglect, financial exploitation, verbal, mental, physical or sexual abuse, to receive services in a manner that protects privacy and dignity, to have prompt access to review all of their records, given photocopies. Photocopied records will be promptly provided and no later than two business days, to have medical and other records kept confidential, to associate and communicate privately with any individual of choice, to send and receive personal mail unopened and to have reasonable access to a telephone, to be free from physical restraints in inappropriate use of psychoact medications, to manage personal financial affairs, unless legally restricted, to have access to and participate in social activities, to be encouraged and assisted to exercise rights as a citizen, to be free of any written contact or agreement language with a facility that purports them waiving their rights or the facilities liability for negligence, to voice grievances, to be able to suggest changes in policies and services to staff without fear of retaliation. And so, Kelly, let’s talk a little bit about the next one, because it’s kind of piggybacks onto Um this next uh segment about retaliation. The next one is to be free of retaliation after they have exercised their rights provided by law or rule. So what does that mean? Again, retaliation. I think a lot of people are afraid to speak up in assisted livings. They’re afraid will, you know, what if they kick me out, you know? Or what if they you know? They have all these things, things that run through their heads of what could happen. And what this is saying is it can’t happen, it’s not if it does happen, we got a problem because your rights are there’s no retaliation for you exercising these rights and any any rules of a community has again the same thing. They also have to make sure that you understand this information. It’s not just enough to have somebody a piece of paper and have them sign it. You have to spend time to make sure the residents really understand like, for example, some communities have a rule on motorized carts. Well, if you didn’t do anything to break the rule, how can you be again, you followed the rules, they can’t take it away from you. But if you didn’t follow the rule, but did you know what the rules were, you see what you have to you have to know what you’re you know exact what the rules are in order to participate. But basically, what they’re saying is if you following. You’re doing everything, following the rules, and you’re also exercising your rights when you need to. oresial retaliation for any of that. Right, right. WHAT’S THE NEXT ONE? You have a safe and homelike environment, and that goes back to that. But doesn’t that go back to a number of things we already talked about on our list? Financial Exploitation, being afraid in your own home, so somebody’s gonna break in or something’s gonna Happen? I think, Kelly, it’s also grab bars in the bathroom. It’s about being safe. That’s another spin, and that’s a handrails, making sure that the building is well maintained, that there’s not Um uh, you know, an accident hazard, Um, anything like that wouldn’t not fall under that. I think that’s the perfect point. I’m glad you caught that, because that is another part of the community keeping a residence safe. It’s kind of like a memory here. If it’s not a secure environment, you’re not keeping your residents safe. Right, the environment has to also, you know, match the needs of the resident. But again, in their room, if they’re a fall hazard or if they have mobility issues, are you gonna put them around the hall and around the corner and down towards the end. You know, it’s it’s also making sure we’re setting these people up for successfull they move in exactly, you know, and watch making sure the room is not too cluttered for a fall risk, you know. But also, are they keeping your place clean? If they say they do housekeeping ones were are they’re doing it? You know are are, because that’s also part of being safe and feeling comfortable in your own home. Well, and it’s also clean clothes. It’s laundry in that case. It’s also um making sure that they’re you know, that there’s incontinence care that’s kept up, that if there’s anything that needs to be done, Um, as far as notification of Um, maybe there’s health concerns, Um, you know, maybe maybe you’re noticing on escalation of dementia or something like that, and maybe it’s a recognition of maybe they have a u t I or maybe there’s something else going on. It’s part of that process of making sure that you are that caring, watchful eye too, that makes sure that you know that they are safe and in, you know, in an in an environment that supports them exactly, and it also mentions homelike, and that’s a very important piece to this as well, because nobody wants to feel like they’ve moved into an institution they’re being punished for being older, or being punished for being frail Um, you know, or or being sick or having dementia. The community should also be a place that that you’re proud to call home, you know, but it has the amenities of home, you know, Um, simple things this, absolutely simple things, you know, like being able to have your own coffee in the morning and and things that you would normally do. Is Part of homelike, isn’t it? If you always got up and had toasted coffee at seven am, are you gonna stop doing it because you moved into assistant living? Well, that’s not very homelike, is it? And it’s also breakfast, lunch, dinner, it’s it’s having a nutritious meal. It’s about Um, preparing those meals with care and with Um, you know, to the best of your abilities to be doing, you know, making a good meal, something that’s pleasing that I feel. You know, it’s an environment that you’ve talked about before, Kelly, that supports you. Yep, exactly, and that, to me, is is but again, homelike. You can’t take away things that make something feel like home. You know. Okay, that’s important to be free of discrimination in regards to race, color, national origin, gender, se atual orientation or religion, and that’s another thing that I think people also get very concerned about moving into assisted living. Um, what if people find out I’m gay? What if they find out I’m a Mormon? What if they find out, you know, that my family is from, you know, Zimbabwe, I don’t care what it is. People get afraid sometimes that they’re not going to be accepted, and what this is saying is you have a right to be free of discrimination. Can’t be treated differently in a community because of the color of your skin, where you came from, who you are. You have right to be yourself. Well, it’s interesting because I’ve worked with Um, you know, some organizations that are faith based, for example, but they are open and they are accepting of everyone, and that’s the beauty of you know, that’s that’s, in my opinion, how people should be and the fact that that, you know, I know that if if somebody is lgbt Q, they should have just as much right to have, you know, the same privileges and access to services. As somebody WHO’s not discrimination, discrimination to me is having an eighty year old gay couple that you’ve got the room they want, but you’re gonna make a million excuses why you can’t sell, you can’t live there, and that’s not okay. You know where we’re mostly a white community. Are you kidding me? You know what century are we in? We don’t act like that. Okay, and this is what we’re saying is it’s not just about when you live there, it’s also when you’re moving in. There’s no discrimination allowed, Um, and that’s also in a bill of right, which right again. It’s one of those other things that bothers me is that we even have to say this out loud, but we do, and the residents need to be aware of it. They have a right to be treated fairly. Yes, okay, and our last item on our list. This is a biggie. This is a big one. To receive proper notification if requested to move out of the facility or community and be required to move out only for reasons stated in was the say, yeah, the fifty state assistant living families law or facilities law. So there aren’t really there are reasons that people can be dismissed from a community. Failure to pay is one. You don’t get to live there for free. You’ve got to bear your bill and after so long they’re they’re going to issue a notice. Okay, that you have a right to receive proper notification, right to know what’s happening and why. Why? And again, it cannot fall under something that has anything to do with the facilities law. And if you need a copy of that, you can find it online. Google, Google Disinformation, uh, the fifty state assisted living facilities law. You can actually find it Um and you know, you can read it yourself if you’d like. Um that. The bottom line is you can’t. You can’t kick somebody out for any of the reasons we’ve mentioned before. You can’t, Oh, she complains too much and get over yourself. You know, why don’t you fix your problems? That might be a good idea. You can’t. You know. Again, residents have rights, but you also have a right to know why, like smoking in your room is a reason to be evicted. Um, you know, if you’re doing things that’s there are certain things that are safety issues, you know, and if you’ve counseled somebody more than once and they you know. So there are reasons that people could be dismissed from a community or asked to leave, but you still have to give him proper notice. You can’t come in and go, Martha, that’s the third time you smoked in your bathroom, you’re out of here today. You can’t do that. There has to be proper notice given and given to you in a manner that you understand it. Well, Kelly, this has been so very rewarding and we made it right under the wire, and so in the meantime, thank you for going through this. Yeah, yeah, yeah, yeah, we did a good job. I think I did. And so how do we read to Care Partners Living Dot Com. CHECK US out online. That’ll tell you all kinds of good information about us. So that’s the best place to find us. Well, I’m thrilled that we were able to get this done and, believe it or not, I want everyone to know that we’re going to be doing a very special event with care partners living for their dual grand opening in Covington Um on July twenty nine and thirty. So for those of you that are interested, all in the Covington area of checking out two amazingly brand new communities. One is a vineyard park which features M Kelly is assisted and Um an independent living independent and right next door is our beautiful memory here. Well, we’re excited about that and to each and every one of you until next week, be good to each other. The preceding podcast was provided by care partners living and answers for elders radio. To contact care partners living, go to care partners living dot com.
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Originally published July 03, 2022
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