Residents of nursing homes have rights that are guaranteed by the federal Nursing Home Reform Law. The law requires nursing homes to “promote and protect the rights of each resident” and stresses individual dignity and self-determination. Many states also include residents’ rights in state law or regulation.
Right to a Dignified Existence
• Be treated with consideration, respect, and dignity, recognizing each resident’s individuality
• Freedom from abuse, neglect, exploitation, and misappropriation of property
• Freedom from physical or chemical restraints
• Quality of life is maintained or improved
• Exercise rights without interference, coercion, discrimination, or reprisal
• A homelike environment, and use of personal belongings when possible
• Equal access to quality care
• Security of possessions
Right to Self-Determination
• Choice of activities, schedules, health care, and providers, including attending physician
• Reasonable accommodation of needs and preferences
• Participate in developing and implementing a person-centered plan of care that incorporates personal and cultural preferences
• Choice about designating a representative to exercise his or her rights
• Organize and participate in resident and family groups
• Request, refuse, and/or discontinue treatment
Right to be Fully Informed of
• The type of care to be provided, and risks and benefits of proposed treatments
• Changes to the plan of care, or in medical or health status
• Rules and regulations, including a written copy of residents’ rights
• Contact information for the long-term care ombudsman program and the state survey agency
• State survey reports and the nursing facility’s plan of correction
• Written notice before a change in room or roommate
• Notices and information in a language or manner he or she understands (Spanish, Braille, etc.)
Right to Raise Grievances
• Present grievances without discrimination or retaliation, or the fear of it
• Prompt efforts by the facility to resolve grievances, and provide a written decision upon request
• To file a complaint with the long-term care ombudsman program or the state survey agency
Right of Access to
• Individuals, services, community members, and activities inside and outside the facility
• Visitors of his or her choosing, at any time, and the right to refuse visitors
• Personal and medical records
• His or her personal physician and representatives from the state survey agency and long-term care ombudsman program
• Assistance if sensory impairments exist
• Participate in social, religious, and community activities
Rights Regarding Financial Affairs
• Manage his or her financial affairs
• Information about available services and the charges for each service
• Personal funds of more than $100 ($50 for residents whose care is funded by Medicaid) deposited by the facility in a separate interest-bearing account, and financial statements quarterly or upon request
• Not be charged for services covered by Medicaid or Medicare
Right to Privacy
• Regarding personal, financial, and medical affairs
• Private and unrestricted communication with any person of their choice
• During treatment and care of personal needs
Rights During Discharge/Transfer
• Right to appeal the proposed transfer or discharge and not be discharged while an appeal is pending
• Receive 30-day written notice of discharge or transfer that includes: the reason; the effective date; the location going to; appeal rights and process for filing an appeal; and the name and contact information for the long-term care ombudsman
• Preparation and orientation to ensure safe and orderly transfer or discharge
• Notice of the right to return to the facility after hospitalization or therapeutic leave
For More Information
For more information about Residents’ Rights, or questions or concerns, contact your Long-Term Care Ombudsman Program. The Long-Term Care Ombudsman Program promotes and protects the rights of residents in licensed long-term care facilities. Visit www.theconsumervoice.org for more information.
Copyright National Citizens Coalition for Nursing Home Reform TM All Rights Reserved. Used with permission.