Rights of Nursing Home Residents
Nursing home residents have specific legal rights. These include the right to certain standards of care, to be involved in treatment decisions, to be informed about potential sources of financial assistance, and other rights affecting day-to-day life in a nursing care facility.
Knowing these rights can ensure better treatment and more comfortable care for residents. They can also help residents and their families face the costs and common concerns of long-term residential care.
Federal Laws Protecting Nursing Home Residents
Federal law protects many nursing home residents in long-term care facilities. During the 1980s, reports of nursing home abuse, neglect, and inadequate care prompted a wave of legislative action.
In 1987, President Ronald Reagan signed the federal Nursing Home Reform Act. This law does the following:
- Establishes specific standards of care for nursing home residents
- Regulates how nursing homes administer care
- Grants specific legal rights to residents and their families
Many of these requirements are tied to receiving federal funds such as Medicare and Medicaid. A concise summary of the act can be found on the AARP's website.
State Laws Protecting Nursing Home Residents
Many states have adopted similar measures. Florida was one of the first states to adopt a nursing home “Residents' Bill of Rights."
Some of these rights guarantee the existing civil rights of residents, such as the right to vote and the right to make informed health care decisions.
But other rights are specifically meant to aid residents in day-to-day life in nursing homes. For example, patients can always:
- Receive visitors and communications
- Retain their personal property
- Receive advance notice of room transfers or discharge
Certification and Accreditation for Nursing Homes
Nursing home residents benefit from federal and state certification and accreditation laws too. Federal law allows nursing homes to become certified Medicare and Medicaid providers, while many states independently accredit or license nursing homes.
Residents and their families benefit from these processes. Accreditation and certification can ensure facilities comply with minimum standards of care.
Residents can file complaints over poor care with state agencies or the Long-term Care Ombudsman program. State agencies investigate nursing homes for compliance, and the resulting reports can become useful in picking nursing homes or in any resulting legal action against nursing homes.
Nursing Home Rights of Each Resident
Because different states have different laws, there's no universal list of residents' rights.
However, a generalized list of common rights belonging to nursing home residents includes the following rights:
- Visitation Rights - Residents can see family members, ombudspersons, medical personnel, legal representatives, and federal or state government representatives.
- Personal Property Rights - Residents can keep and use personal property. Clothes and personal possessions are common examples.
- Right to Equal Treatment - Residents have the right to equal treatment in nursing homes. This right is often meant to ensure equal treatment for residents receiving Medicare, Medicaid, or state health care funding.
- Right to Care Information - Residents can receive information about their plan of care. They have a right to quality of life, quality care, and a sense of well-being with their medical care and decisions.
- Right to Refuse Care - Residents can refuse medical care and treatment in many circumstances, despite their medical conditions or family and staff wishes.
- Right Against Restraints and Abuse - Residents must be free of physical restraints or chemical restraints. They also have the right to freedom from abuse from nursing facility staff or medical professionals.
- Right to Privacy - Residents have a right to privacy in their space and communications with family members and other visitors.
- Right to File Grievances - Residents have the right to file grievances. They also have the right to be free of retaliation for filing grievances.
- Right to Medical Records - Residents can review their medical records.
- Right to Notice of Transfer or Discharge - Residents have a right to receive the reasonable accommodation of advanced notice of transfers or discharge. Often, this right includes a 30-day time provision between receiving notice and moving.
- Right to Review Inspection Reports - Residents have the right to review the most recent state inspection of the nursing home care facility.
- Participation Rights - Residents have the right to participate in their personal needs, including social, religious, and community activities.
Getting Help with a Nursing Home Issue
Checking with your state's health department is a good first step for determining what nursing home resident rights exist where you live. Beyond that, contacting a state agency, medical office, or an older adult law attorney can be helpful.
Older adults facing nursing home issues deserve advocacy. They can be hesitant to voice grievances or not fully understand when their rights are violated. It may be up to a resident's family and loved ones to protect the rights of others and ensure appropriate care is taken.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex nursing home situations usually require a lawyer
- A lawyer will take these matters seriously and enforce protections
- Get tailored advice and ask your legal questions
- Many attorneys offer free consultations