NURSING HOME RESIDENTS’ RIGHTS1

1 See 42 CFR §483 for a full listing of Residents’ Rights

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.)

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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

GET HELP
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.