Omaha Senior AdvisorWhat rights do assisted living residents have in Nebraska?
Every Nebraska ALF must give residents their rights in writing at admission, and 175 NAC 4-006.04 lists them: dignity and competent care, an equal role in the service agreement, advance information about care changes, written pricing for all services, choosing a physician, voicing grievances without reprisal, examining the latest DHHS survey, privacy, visitors, a telephone, personal possessions, self-administering medications when safe, freedom from restraints, a copy of their record within two working days, and 30 days' notice before an involuntary discharge.
The list also includes the right to refuse to perform services for the facility, to refuse activities, to share a room with a person of one's choice who consents, to form a resident group, and to be free from abuse, neglect and misappropriation of money or property. Families should keep the written copy with the admission contract and the service agreement.
What is a resident service agreement in a Nebraska ALF?
A resident service agreement is the written plan, required by 175 NAC 4-006.06, that sets out the services the facility will provide to each resident; it must be reviewed and updated as needs change, and the resident has the right to be an equal partner in writing it while keeping final decision-making authority.
The agreement is the yardstick for staffing and care in Nebraska's rules: the facility must keep enough trained staff to deliver what each agreement promises. Read it carefully before signing. It should name the help your parent gets with bathing, dressing, medications, meals and supervision, and it should change when your parent's needs change, especially after a fall or a hospital stay. For an AD Waiver resident, the agreement must also include a lease.
Can a Nebraska ALF raise its rates?
Yes, but residents have the right to be informed in writing of the pricing structure and rates of all facility services (175 NAC 4-006.04), so every charge, including care levels and medication management, should appear in a written rate schedule before it is billed.
Nebraska's ALF rule does not set a specific number of days' notice for a rate increase, so the admission contract governs. Ask how much notice the facility gives, how often rates have gone up in the last three years, and what triggers a move to a higher care level. Get the answers in writing. If a charge appears that was never disclosed, raise it through the facility's grievance process first and then with the Long-Term Care Ombudsman.
How does a resident file a grievance in a Nebraska ALF?
Every Nebraska ALF must have a written grievance process available to residents, employees and others, must document its efforts to address each grievance, and must keep the DHHS Licensure Unit's telephone number and address readily available for anyone who wants to complain to the state (175 NAC 4-006.04A).
DHHS's own guidance asks people to raise a concern with the administrator first and allow time for a response, then contact the Licensure Unit if that fails. Residents also have the right to voice complaints without discrimination or reprisal. Keep a short written log of dates, what was said and who said it; it helps the facility, the ombudsman or DHHS act quickly. See where to report problems.
Can we see a Nebraska ALF's inspection results?
Yes. Residents have a listed right to examine the results of the most recent survey of the facility conducted by DHHS (175 NAC 4-006.04), and DHHS says results of all ALF inspections are viewable through its LIS license lookup.
A prospective resident's family can simply ask to see the latest survey and the facility's statement of compliance for anything cited. A facility that hesitates to show it is telling you something. Because Nebraska inspects ALFs at random and when triggered rather than on a fixed cycle, the most recent survey may be several years old; ask whether any complaint investigations have happened since.
At a glance
| Nebraska ALF residents have the right to | Nebraska ALF residents cannot be made to | |
|---|---|---|
| Pricing | Written rates for every service | Pay undisclosed charges |
| Care plan | Help write their service agreement | Accept a plan they did not agree to |
| Inspections | See the latest DHHS survey | Rely on marketing claims alone |
| Moving out | 30 days' written notice | Leave without notice except for safety |
Sources include 175 NAC 4 (assisted-living facilities), the Nebraska Revised Statutes cited above, Nebraska DHHS program and licensure pages, CMS, CareScout and VA rate tables; see our editorial standards.
