RCA Resident Rights & Advocacy 3 — Questions and Answers
Question 1: A resident wishes to leave the facility to attend a family event. Under resident rights, the facility administrator should:
- Deny the request if the resident has a clinical condition that could worsen
- Require family to sign a waiver before allowing any outing
- Honor the resident's right to leave while ensuring safety needs are communicated (Correct answer)
- Require a 72-hour advance notice for all outings
Correct answer: Honor the resident's right to leave while ensuring safety needs are communicated
Residents have the right to leave the facility; staff should support this choice while educating the resident and family about any safety considerations.
Question 2: Which scenario constitutes resident abuse under federal regulations?
- A nurse delays a non-urgent medication by 20 minutes due to an emergency with another resident
- A CNA raises her voice at a resident repeatedly and calls the resident 'stupid' (Correct answer)
- A physician orders a sedative at the resident's family's request
- Staff restricts visiting hours during an infectious disease outbreak
Correct answer: A CNA raises her voice at a resident repeatedly and calls the resident 'stupid'
Verbal abuse, including yelling and demeaning language, is defined as abuse under OBRA and must be reported and investigated immediately.
Question 3: A resident requests that their roommate be moved because of a personality conflict. How should the administrator respond?
- Deny the request because room assignments are an administrative decision
- Move the roommate immediately without notification
- Explore the conflict, attempt mediation, and consider room transfer options while respecting both residents' rights (Correct answer)
- Require the requesting resident to file a formal grievance first
Correct answer: Explore the conflict, attempt mediation, and consider room transfer options while respecting both residents' rights
Administrators must balance both residents' rights to a dignified environment by exploring resolution and transfer options through a fair process.
Question 4: Under the Nursing Home Reform Act, a resident has the right to manage their own financial affairs. When a facility manages a resident's personal funds, it must:
- Deposit funds in the facility's general operating account for safety
- Keep funds in a separate, interest-bearing account and provide quarterly statements (Correct answer)
- Require a family co-signer on all transactions over $50
- Limit cash withdrawals to $25 per week
Correct answer: Keep funds in a separate, interest-bearing account and provide quarterly statements
Facilities that manage resident funds must keep them in a separate account, credit interest to residents, and provide at least quarterly accounting statements.
Question 5: Which action by a nursing facility would violate a resident's right to choose their own physician?
- Providing a list of physicians who have facility privileges
- Requiring all residents to use the facility's medical director (Correct answer)
- Informing residents that some physicians may not accept Medicaid
- Sharing information about physician specialties with the resident
Correct answer: Requiring all residents to use the facility's medical director
Residents have the right to choose their own physician; requiring use of the facility's medical director removes this fundamental right.
Question 6: A resident is being considered for discharge to a lower level of care. Which step is required FIRST?
- Notify the family without informing the resident to reduce anxiety
- Issue a 30-day written transfer notice to the resident
- Provide written notice of the transfer and the reason, and inform the resident of their right to appeal (Correct answer)
- Contact Medicaid to confirm the resident's eligibility at the new facility
Correct answer: Provide written notice of the transfer and the reason, and inform the resident of their right to appeal
Federal law requires adequate written notice of transfer/discharge along with the reason, effective date, and the resident's right to appeal through a state fair hearing.
Question 7: A resident tells the ombudsman they feel unsafe but are afraid of retaliation if they complain. How should the facility administrator handle this?
- Identify who made the complaint and counsel them on proper complaint channels
- Ensure confidentiality, investigate the safety concern, and prohibit any retaliatory action (Correct answer)
- Dismiss the complaint because it was made to the ombudsman rather than the facility
- Transfer the resident to a different unit while the complaint is pending
Correct answer: Ensure confidentiality, investigate the safety concern, and prohibit any retaliatory action
Facilities must protect residents from retaliation for making complaints, maintain confidentiality of the complainant, and take the safety concern seriously.
A resident wishes to leave the facility to attend a family event.
Under resident rights, the facility administrator should: