Sunday, June 29, 2008

Michigan Nursing Home Law

In addition to federal government oversight, the State of Michigan regulates the quality of care in nursing homes. The Patient’s Bill of Rights in the Michigan Public Health Code, MCL 333.20201, includes the following protections:
  • A Michigan patient or resident is entitled to be free from mental and physical abuse and, except as authorized by a physician, or as necessitated by an emergency to protect the patient, free from physical and chemical restraints.
  • A Michigan patient or resident shall not be denied appropriate care based on race, religion, national origin, sex, age, handicap, marital status, sexual preference, or source of payment.
  • An individual may obtain a copy of, or inspect his/her medical records, and a third party shall not be given a copy without authorization of the patient except as required by law and third party contract.
  • A Michigan patient or resident is entitled to privacy, to the extent feasible, in treatment and caring for personal needs with consideration, respect, and full recognition of his/her dignity and individuality.
  • A Michigan patient or resident is entitled to receive adequate and appropriate care and information about his/her medical condition, proposed treatment and prospects for recovery, unless medically contraindicated by the physician in the medical record.
  • A Michigan patient or resident is entitled to receive and examine an explanation of his/her bill. He/she also is entitled to know who is responsible for, and who is providing, his/her care.
  • A Michigan patient or resident is entitled to associate and have private communication with his/her physician, attorney or any other person, and to send and receive personal mail unopened, unless medically contraindicated.
  • A Michigan patient's civil and religious liberties shall not be infringed. The nursing home shall encourage and assist in the exercise of these rights.
  • A Michigan patient or resident is entitled to retain and use personal clothing and possessions as space permits. At the request of a patient, a nursing home shall provide for safekeeping of personal property and funds, except that a nursing home shall not be required to provide for the safekeeping of property, which would impose an unreasonable burden on the nursing home.
  • Each Michigan nursing home patient shall be provided with meals that meet the recommended dietary allowances for the patient's age and sex and that conform to the individual’s special dietary needs.
  • A Michigan nursing home, its owner, administrator, employee, or representative shall not discharge, harass, retaliate, or discriminate against a patient because a patient has exercised rights protected by law.
If you think that a loved one was the victim of nursing home abuse or neglect, you owe it to that individual and your family to try to find out what happened. It is important to talk with a Michigan Attorney experienced in nursing home cases and Michigan regulations of nursing homes.

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