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It is often difficult for nursing home residents or their representatives to decide how to deal with problems. Many simply keep quiet because they do not want to be considered a complainer. Others are afraid of retaliation. Some residents believe that complaining will do no good.

Residents and their representatives must speak up about concerns or their problems will not be addressed.

Michigan and federal law give residents and their representatives the right to complain without retaliation.

The Long Term Care Ombudsman can help you to make sure this right is respected.

This Fact Sheet identifies a variety of ways to seek attention and correction of your concerns or problems.

The first place to complain is to the staff of the nursing home. Identify the person who has the knowledge and authority to respond to your concern. For example, if you are concerned about your care, you should try to speak to the charge nurse on your unit or the director of nursing for your facility. Or if the problem involves your meals, you may wish to speak to the dietary supervisor. Go just high enough in the chain of command to find somebody who is willing and able to address your concerns.

If the staff does not respond appropriately, ask to speak to the administrator of the facility. The administrator is responsible for managing the entire home and has the authority to direct the staff to respond to your concerns.

Nursing homes are required to have written grievance procedures. Your facility should have a process for making a formal complaint to the administrator and for answering your concerns. Ask fir information about the grievance procedure and a copy of a complaint form. Consider putting your complaint in writing to the administrator. Often, written complaints get more attention. Keep a copy of your complaint so you can document steps you have taken.

At least once every three months and whenever there are significant changes in your needs, the nursing home must hold a care conference to plan your care. You have the right to attend these meetings. The care conferences are attended by health care professionals at the nursing home such as nurses, dieticians, therapists, social workers and possibly your doctor. These meetings are a good opportunity to get information and to raise questions or concerns about your care.

If you have many concerns, you may want to schedule a special meeting in order to make sure there will be enough time for a thorough discussion. If you need assistance in presenting your concerns, contact the nearest Long Term Care Ombudsman Office for help.

For more information on care conferences, ask your local ombudsman office for a copy of the Fact Sheet titled

"Assessment and Care Planning in Nursing Homes."

If the administrator has not responded appropriately to your problem, you may want to contact the owner or operator of the nursing home. The owner or operator hires the administrator and has authority over that position.

Owners who care about their business will take your concerns seriously. You are their customer.

While the owner may not directly resolve your problem, the owner does have the authority to make changes at the home. Just contacting the owner may convince the nursing home staff to take your concerns more seriously. Your local ombudsman office can help you identify the owner and how to contact him.

A Resident Council is an independent organized group of persons living in a nursing home who meet on a regular basis to discuss concerns, develop suggestions and plan activities. Family Councils, made up of family members and friends of residents, also meet regularly and have similar purposes.

If your nursing home has a Resident or Family Council, it may be a good place to discuss your concern. By working with other residents and family members, you may be able to get more attention to the problem. If there is not a council, consider helping to start one. Ask your local ombudsman office for a copy of the Fact Sheet on resident and family councils.

If the nursing home has not addressed your concern, you may want to file a complaint with a government agency. Several agencies oversee nursing homes to make sure they follow Michigan and federal laws. Each of the following agencies investigates certain types of complaints it receives about nursing homes:

• To report problems with quality care, abuse or other violations of residents’ rights, call or write:

• To report abuse by nursing home employees or fraud against Medicaid, call or write:

Telephone: 1-800-242-2873

• If you have been discriminated against due to your race, handicap, age, or other reasons, call or write:

• To report problems with Medicaid bills or payment, call or write:

The Long Term Care Ombudsman program has published another Fact Sheet with gives more information on filing complaints with the Michigan Department Bureau of Health Services. Ask your local ombudsman office for a copy.

There are other ways to seek attention to your concerns. For example, you may want to consult an attorney about contract issues or if the nursing home has acted in a negligent manner. If you have a complaint about a particular doctor or nurse, you may want to complain to their licensing board. Contact your local ombudsman office for information on how to resolve any problem, question or concern.

Rev: 95, 96, 97, 98, 99, 03/00, 03/04

 

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