The Law and Resident Councils
A resident council isn’t just “a nice thing to have” -- it’s the law. Federal and state law recognizes the importance of resident councils — an independent and collective voice committed to maintaining or improving the overall quality of care and the quality of life for residents living in a nursing or boarding care home.
Federal law requires all nursing homes and boarding care homes that receive Medicaid or Medicare reimbursement to promote and support the right of residents to organize and pursue positive change at their facility. The federal regulation creates rights for residents to establish responsibilities for facilities. If residents want to organize and advocate for themselves and other residents of a home, it’s their right to have a council and the home must support it.
For the federal law, 42 C.F.R. §§ 483.15(c) and 483.10(b)(7)(iv)): << need link>>
Rights:
By law, residents have the right to organize and participate in resident councils in their home. They have the right to meet in private. Staff and visitors may attend council meetings only at the council’s invitation. By law, residents and resident council members have the right to file a complaint with the state survey and certification agency.
Responsibilities
By law, the home must provide a private meeting space for the resident council. The home must designate a staff person to assist the council. The designated staff person must respond to the council’s written requests. The home must listen to the views and act upon the grievances and recommendations of the resident council.
Minnesota State Law pertaining to resident councils is very similar to the federal law. State law creates a few additional rights and responsibilities, reinforcing the importance of resident councils:
Rights:
By law, residents have the right to organize, maintain, and participate in resident councils.
They have the right to make recommendations regarding facility policies.
Responsibilities:
By law, if a home does not already have a resident council, it must try at least once a year to establish one. If no residents express an interest, the home must document its attempt to create a resident council.
If three or more residents express an interest in having a council, the home must assist in establishing one for residents.
For further information or questions please contact us or call 1-800-893-4055
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