Understanding the Rights of Nursing Home Residents

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Understanding the Rights of Nursing Home Residents

Consider this for a moment: Close to 1.4 million Americans currently live in nursing homes across the United States. The need increases yearly, and 5% of adults aged 65 and older reside in these facilities at any given time.

The families and/or loved ones of nursing home residents expect these places to provide adequate care, safety and healing, but sometimes these facilities do not. That is why nursing home residents must understand they all have rights under both federal and state laws.

Nursing Homes Must Guarantee Quality of Life

Thanks to the 1987 Nursing Home Reform Law, every nursing home across the United States has a duty to care for its residents in a manner that promotes and enhances each resident’s quality of life and ensures dignity, choice and self-determination.

This law clearly spells out its mission: “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.”

 The Right to Be Fully Informed

When you become a nursing home resident, there are multiple aspects of long-term care services that you are entitled to know about. For instance, you, as a resident, have a right to the facility’s rules and regulations. That includes being given a written copy of your rights. If there is a change in rooms or roommates, you are entitled to be informed in advance. Also, if sensory impairment exists, you are entitled to assistance.

If you request the address and telephone number of the State Ombudsman and the state survey agency, this information should be made available to you. You also have the right to any state survey reports and the nursing home’s plan of correction.

The Right to Complain

A nursing home resident should never fear reprisal for a grievance against the staff or any other individual there. You have the right to complain and present these objections or injustices and receive prompt efforts by the facility to resolve them.

You are also entitled to voice your concerns to the ombudsman program and/or to file a complaint with the state survey and certification agency.

The Right to Privacy/Confidentiality

Living in a nursing home also entitles you to private and unrestricted communication that may occur during the treatment and care of your needs. Whether this concerns your medical, personal or financial affairs, you have a right to privacy from unwanted observation, intrusion or disclosure. You are allowed to control your personal information and can restrict communication with any person you choose.

The Right to Participation of Care

Nursing homes must also let you take part or be engaged in your care. That means you have the right to participate in your own assessment, care planning, treatment and discharge. Being a nursing home resident also entitles you to receive proper and appropriate care and to be informed of all changes in your medical condition.

You have the right to refuse medication, treatment and chemical and physical restraints. You can also review your medical record, and you cannot be charged for services covered by Medicaid or Medicare.

The Right to Dignity, Respect and Freedom

This right isn’t just for certain nursing home residents. Each individual is entitled to dignity, respect and freedom. This also means that you are entitled to self-determination, and at no time should you be subjected to mental and physical abuse, corporal punishment, involuntary seclusion or physical and chemical restraints.

You are also entitled to the security of your possessions.

The Right to Make Independent Choices

As a nursing home resident, you are also entitled to be who you want to be. In other words, it’s up to you to make personal decisions. For example, you can wear what you want and decide how to spend your free time. You can also choose your physician and manage your own financial affairs.

No one can tell you how to participate in community activities, both inside and outside the nursing home.

The Right to Visitors

You have the right to refuse visitors. You are also entitled to welcome visits by relatives, friends and others of your choosing. You can also have visits with your personal physician and representatives from the state survey agency and ombudsman programs. Additionally, as a nursing home resident, you can welcome organizations or individuals who provide health, social, legal or other services to you.

The Right During a Transfer or Discharge

You have the right to remain in the nursing home unless you are transferred or discharged for the following reasons:

(a) is necessary to meet your welfare;

(b) is appropriate because your health has improved and you no longer require nursing home care;

(c) is needed to protect the health and safety of other residents or staff;

(d) is required because you have failed, after reasonable notice, to pay the facility charge for an item or service provided at your request.

You are entitled to a 30-day notice of transfer or discharge, which includes the reason, effective date, location to which you are being transferred or discharged, the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman. You are also entitled to a safe transfer or discharge through sufficient preparation by the nursing home.

Were You Aware of the Rights of Nursing Home Residents?

Knowing and understanding the rights outlined above is crucial for nursing home residents and their families, no matter the state where you reside. If you believe these rights have been violated, it is essential to take action. An experienced nursing home abuse lawyer can help you. For more information about nursing home resident rights and more, My Nursing Home Abuse Guide offers additional educational resources.