Residents' Rights

Overview

Residents’ Rights are guaranteed by the federal 1987 Nursing Home Reform Law. The law requires nursing homes to “promote and protect the rights of each resident” and places a strong emphasis on individual dignity and self-determination.

All nursing homes are required “to provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care that… is initially prepared, with participation, to the extent practicable, of the resident, the resident’s family, or legal representative.” This means a resident should not decline in health or well-being as a result of the way a nursing facility provides care.

Nursing homes must meet federal residents’ rights requirements if they participate in Medicare or Medicaid. Some states have residents’ rights in state law or regulation for nursing homes, licensed assisted living, adult care homes, and other board and care facilities. A person living in a long-term care facility maintains the same rights as an individual in the larger community.

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What are Residents' Rights?

The 1987 Nursing Home Reform Law protects the following rights of nursing home residents:

Right to Be Fully Informed of

Available services and the charges for each service
Facility rules and regulations, including a written copy of resident rights
Address and telephone number of the State Ombudsman and state survey agency
State survey reports and the nursing home’s plan of correction
Advance plans of a change in rooms or roommates
Assistance if a sensory impairment exists
Residents have a right to receive information in a language they understand (Spanish, Braille, etc.)

Right to Complain

Present grievances to staff or any other person, without fear of reprisal and with prompt efforts by the facility to resolve those grievances
To complain to the ombudsman program
To file a complaint with the state survey and certification agency

Right to Participate in One's Own Care

Receive adequate and appropriate care
Be informed of all changes in medical condition
Participate in their own assessment, care-planning, treatment, and discharge
Refuse medication and treatment
Refuse chemical and physical restraints
Review one’s medical record
Be free from charge for services covered by Medicaid or Medicare

Right to Privacy and Confidentiality

Private and unrestricted communication with any person of their choice
During treatment and care of one’s personal needs
Regarding medical, personal, or financial affairs

Rights During Transfers and Discharges

Remain in the nursing facility unless a transfer or discharge:
(a) is necessary to meet the resident’s welfare;
(b) is appropriate because the resident’s health has improved and s/he no longer requires nursing home care;
(c) is needed to protect the health and safety of other residents or staff;
(d) is required because the resident has failed, after reasonable notice, to pay the facility charge for an item or service provided at the resident’s request
Receive thirty-day notice of transfer or discharge which includes the reason, effective date, location to which the resident is transferred or discharged, the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman
Safe transfer or discharge through sufficient preparation by the nursing home

Right to Dignity, Respect, and Freedom

To be treated with consideration, respect, and dignity
To be free from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraints
To self-determination
Security of possessions

Right to Visits

By a resident’s personal physician and representatives from the state survey agency and ombudsman programs
By relatives, friends, and others of the residents’ choosing
By organizations or individuals providing health, social, legal, or other services
Residents have the right to refuse visitors

Right to Make Independent Choices

Make personal decisions, such as what to wear and how to spend free time
Reasonable accommodation of one’s needs and preferences
Choose a physician
Participate in community activities, both inside and outside the nursing home
Organize and participate in a Resident Council
Manage one’s own financial affairs