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Nursing Home Residents' Rights

Nursing home residents have rights and protections guaranteed by the 1987 Nursing Home Reform law which requires facilities to "promote and protect the rights of each resident." Skilled nursing facilities must place a strong emphasis on self-determination and individual dignity and must meet reform law requirements in order to participate in Medicare or Medicaid. Individuals living in nursing home facilities maintain the same rights as those who live in the larger community.

It is necessitated that resident's rights are to be displayed in the nursing facility along with the state's Long Term Care Ombudsman's contact information. Broad objectives of the law include: quality of life; provision of services and activities to maintain well being; resident and advocate participation and assurance of access to ombudsman programs.

Specific rights under the Nursing Home Reform Law include:

The Right to make Choices Independently which allows residents to choose their own physicians, make independent decisions such as choice of clothing and how to spend personal time, make grievances regarding care, treatment and accommodations, participate in activities and resident council and manage personal financial affairs.

The Right to Personal Privacy and Confidentiality which includes rights to participate in social and religious activities, unrestricted communication with others as well as privacy concerning medical treatment and clinical records and financial affairs.

The Right to Information including the right to be fully informed of all facility rules and regulations, advance plans of roommate or room changes, available services and charges, the State Ombudsman's telephone number and address along with State survey agency office contact information, inspection reports and correction plans along with communication in an understandable language to the resident and assistance with any sensory impairments.

The Right to Participate in One's Individual Care which requires that residents have access to review personal medical records, refuse medication, treatment, chemical and physical restraints, participate in assessment, planning, treatment and discharge and receive appropriate and proper care.

The Right to Visitation which ensures immediate access by and to a patient's physician as well as representatives from the state ombudsman's program and survey agency, relatives and others within reason of the resident's choice, organizations or others providing legal, health or social services. Residents also maintain the right to refuse visitors.

Transfers and Discharge Rights which allow for the resident to remain in the facility unless a transfer or discharge is necessary for the patient's welfare, the health or safety of other residents or staff members become endangered, the resident's health has improved such that facility care is no longer needed or is necessary due to failure of payment to the facility by the resident after reasonable notice has been granted. Residents are required to receive thirty days notice of transfer or discharge which must include the right to appeal, contact information of the state's long term care ombudsman, the reason and effective date and location of the transfer or discharge. In addition, the facility must provide sufficient preparation to allow for safe discharge and/or transfer.

The Right to Complain to an ombudsman program or state survey agency and to present grievances to the facility and staff without fear of retaliation or punishment.

The Right for Freedom and to be Treated with Dignity and Respect which includes security of possessions, self determination, treatment with consideration and absence of mental or physical abuse.

If you would like additional information concerning resident's rights, you may contact the Licensing and Certificate District Office, Department of Health Services or the Ombudsman Program in your county.

Posted in: Elder Abuse, Understanding Elder Abuse

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