Long-Term Care Patients' Rights Act of 1986 - Amends title XIX (Medicaid) of the Social Security Act to require States to establish written standards and procedures protecting and enforcing the rights of residents of long-term care facilities.
Lists residents' rights encompassing: (1) medical care and treatment rights, including the right to be fully informed of one's condition and treatment, if such knowledge is not medically detrimental, and participate in planning such treatment; (2) the right to privacy during treatment and visits; (3) the right of confidentiality regarding one's personal records and mail; (4) freedom of association, including both the right to organize and to refuse to participate in group activities; (5) medical experimentation rights, requiring residents to give informed, voluntary, and written consent before involvement in such experimentation; (6) freedom from physical and mental abuse, including the right to refuse to work for the facility and the right to retain personal possessions; and (7) the right to manage, and remain informed of, one's personal financial affairs.
Prohibits long-term care facilities from denying admission to, transferring, or discharging residents on the basis of the residents' source of payment for services, or medical history or condition (if the facility can adequately care for such condition). Prohibits resident transfers or discharge for nonmedical reasons without the resident's consent and reasonable notice, unless the resident is a threat to others or does not pay charges.
Directs each long-term care facility, at specified times, to provide each resident with an oral, written, and understandable explanation of: (1) the resident's rights and responsibilities; (2) facility rules and regulations; and (3) services available in the facility. Requires public notice of such information as well as information concerning State procedures for enforcing residents' rights.
Requires States to annually submit a written plan to the Secretary of Health and Human Services concerning State procedures for protecting and enforcing residents' rights. Specifies the State and community organizations responsible for developing the State plans.
Requires State plans to provide for: (1) a procedure for the expeditious review and resolution of residents' complaints by each long-term care facility and by the State, when complaints are not satisfactorily resolved by the facility; (2) a process by which residents and facilities may appeal adverse complaint decisions; (3) a State ombudsman with the responsibility to receive, file, and investigate residents' complaints; (4) programs by which facilities educate their staff regarding residents' rights, facility rules and regulations, and complaint review procedures; and (5) a statewide uniform reporting and recording system of all rights violation complaints and their disposition, as well as a system for reporting cases of resident abuse or neglect so that designated State officials can redress such abuse.
Provides that the rights and recourses set forth in this Act are nonexclusive.
Requires States to prohibit Medicaid providers from discriminating against, or giving preference to, individuals merely because they receive Medicaid assistance.
Creates a private right of action whereby Medicaid applicants and recipients may enforce, in Federal district courts, Federal laws and regulations protecting their welfare and rights.
Introduced in House
Introduced in House
Referred to House Committee on Energy and Commerce.
Referred to Subcommittee on Health and the Environment.
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