In this article, we will highlight some of the rights that Nursing home residents have and should be protected and honored under the law. This document has been prepared as a quick synopsis of resident rights. A complete chapter dedicated to this topic is provided in the“Guide to Choosing a Nursing Home” booklet prepared by the Centers for Medicare & Medicaid Services (CMS). To get a free copy, call 1-800-MEDICARE (1-800-633-4227). TTY users should call 1-877-486-2048.

Each resident has a right to a dignified existence, self-determination, and communication with and access to people and services inside and outside the nursing home. The nursing home must give you a written description of your legal rights in a language that you understand along with all the rules and regulations regarding your conduct and responsibilities during your stay in the home. This must be done before or at the time you are admitted and also during your stay. You must acknowledge in writing that you received this information.

At a minimum, Federal law specifies that a nursing home must protect and promote the following rights of each resident:

Freedom from Discrimination

Nursing homes must comply with Civil Rights laws that don’t allow discrimination based on race, color, national origin, disability, age, or religion.

Respect

You have the right to be treated with dignity and respect. You have the right to make your own schedule, including when you go to bed, rise in the morning, and eat your meals. Even though Nursing Homes encourage every resident to participate in all activities, you have the right to choose the activities you want to go to.

Freedom from Abuse and Neglect

You have the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion by anyone.

Freedom from Restraints

Nursing home should not use physical or chemical restraints, unless they are necessary to treat your medical symptoms. Restraints may not be used for punishment, or for the convenience of the nursing home staff. You have the right to refuse restraint, except if you are at risk of harming yourself or others.

Information on Services and Fees

You must be informed in writing about all facility services (those that are charged and not charged to you) and fees before you move into the nursing home.

Money

The nursing home can’t require you to deposit your personal funds with the facility and they must allow you access to your bank accounts, cash, and other financial records. If you ask the nursing home to manage your personal funds, your money (over $50) must be placed by the nursing home in a separate account than the nursing home’s that will provide interest to you on your money.

Privacy, Property, and Living Arrangements

You have the right to privacy and to keep and use your personal belongings and property as long as they don’t interfere with the rights, health, or safety of others. You have the right to send and receive mail and nursing home staff should never open your mail unless you allow it. You have the right to use a telephone and talk privately. If you and your spouse live in the same nursing home and if you both wish to do so, you are entitled to share a room. The nursing home has to notify you before your room or your roommate is changed.

Medical Care

You have the right to be fully informed in a language you understand about your total health status, including your medical condition and medications. You have the right to see your own doctor, administer your own medications and access your medical records unless it is unsafe for you to do so.

Visitors

You have the right to spend private time with visitors. The nursing home must permit your family to visit you at any time, as long as you wish to see them.

Social Services

The nursing home must provide you with any needed social services, including counseling, help solving problems with other residents, help in contacting legal and financial professionals, and discharge planning.

Leaving the Nursing Home
 

Living in a nursing home is your choice. You can choose to move to another place. If your health allows and your doctor agrees, you can spend time away from the nursing home visiting friends or family during the day or overnight. You will need to check with your insurance to make sure if this leave of absence does not result in loss of coverage.

Complaints

You have the right to make a complaint to the staff of the nursing home, or any other person, without fear of punishment.

Protection against Unfair Transfer or Discharge

You can’t be sent to another nursing home, or made to leave the nursing home, unless any of the following are true:

• It is necessary for the welfare, health, or safety of you or others

• Your health has declined to the point that the nursing home can’t meet your care needs

• Your health has improved to the point that nursing home care is no longer necessary

• The nursing home hasn’t been paid for services you received

• The nursing home closes

Your Family and Friends

Family members and legal guardians may meet with the families of other residents and may participate in family councils. Family and friends can help make sure you get good quality care. They can visit and get to know the staff and the nursing home’s rules.

Resident Groups

You have a right to form a resident group to discuss issues and concerns about the nursing home’s policies and operations. Most home have such groups, often called a resident council.

If you feel that your rights have been violated and your needs not met, report this to the nursing home, your family, your local Long-Term Care Ombudsman, or State Survey Agency. The telephone numbers for these support organizations must be posted in the Nursing home.