Residents’ Rights
Guarantee Quality of Life
The 1987 Nursing Home Reform Law requires each nursing home to care for its residents in a manner that promotes and enhances the quality of life of each resident, ensuring dignity, choice 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 the nursing facility provides care.
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The 1987 Nursing Home Reform Law Protects the following rights of nursing home residents:
The Right to Be Fully Informed of
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Available services and the charges for each services
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Facility rules and regulations, including a written copy of resident rights
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Address and telephone number of the State Ombudsman and state survey agency
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State survey reports and the nursing home’s plan of correction
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Advance plans of a change in rooms or roommates
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Assistance if a sensory impairment exists
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Residents have a right to receive information in a language they understand (Spanish, Braille, etc.)
Right to Complain
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Present grievances to staff or any other person, without fear of reprisal and with prompt efforts by the facility to resolve those grievances
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To complain to the ombudsman program
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To file a complaint with the state survey and certification agency
Right to Participate in One’s Own Care
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Receive adequate and appropriate care
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Be informed of all changes in medical condition
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Participate in their own assessment, care- planning, treatment, and discharge
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Refuse medication and treatment
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Refuse chemical and physical restraints
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Review one’s medical record
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Be free from charge for services covered by Medicaid or Medicare
Right to Privacy and Confidentiality
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Private and unrestricted communication with any person of their choice
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During treatment and care of one’s personal needs
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Regarding medical, personal, or financial affairs
Rights During Transfers and Discharges
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Remain in the nursing facility unless a transfer or discharge:
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(a) is necessary to meet the resident’s welfare:
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(b) is appropriate because the resident’s health has improved and s/he no longer requires nursing home care:
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(c) is needed to protect the health and safety of other residents or staff;
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(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
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Receive thirty-day notice of transfer or discharge which includes the reason to appeal, and the name, address, and telephone number of the state long-term care ombudsman
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Safe transfer or discharge through sufficient preparation by the nursing home
Right to Dignity, Respect and Freedom
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To be treated with consideration, respect and dignity
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To be free from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraints
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To self- determination
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Security of possessions
Rights to Visits
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By a resident’s personal physician and representatives from the state survey agency and ombudsman programs
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By relatives, friends and others of the residents’ choosing
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By organizing or individuals providing health, social, legal or other services
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Residents have the right to refuse visitors
Rights to Make Independent Choices
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Make personal decisions, such as what to wear and how to spend free time
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Reasonable accommodation of one’s needs and preferences
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Choose a physician
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Participate in community activities, both inside and outside the nursing home
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Organize and participate in a Resident Council
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Manage one’s own financial affairs