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What information does the nursing home have to give me?

Nursing homes that qualify and voluntarily accept Medicare and Medicaid patients to their facility must follow a set of nursing home regulations under federal law. These regulations are pursuant to Medicare and Medicaid. The Health Care Finance Administration is responsible for enforcement of these regulations.

These regulations impose the following requirements on nursing homes:

• The facility must provide the patient written information concerning the patient's rights under state law to participate in decisions concerning medical care, including the right to accept or refuse medical or surgical treatment, the right to formulate advance directives.
• The facility must provide a written statement of its policy regarding implementation of these rights.
• The facility must document in its records whether the patient has executed an advance directive. Note: the facility is not required to provide advance directives to patients.
• The facility is forbidden to discriminate in the provision of medical care on the basis of whether a patient has or has not executed an advance directive.
• The facility is required to comply with all state laws regarding advance directives.
• The facility must provide for staff and community education on issues related to advance directives.

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