Nursing Home Resident Rights: What Federal Law Guarantees
Residents of Medicare- and Medicaid-certified nursing homes have rights protected by federal law. Knowing them helps families speak up with confidence.
The federal Nursing Home Reform Act of 1987 set out rights for residents of nursing homes that take part in Medicare or Medicaid. Those rights are now part of federal regulations, and states may add their own. Homes must tell residents about their rights at admission and post information about how to contact advocates.
Dignity, choice and privacy
- To be treated with dignity and respect, and to make choices about daily life, such as when to wake, what to wear and which activities to join, as far as possible.
- To privacy in personal care, medical records, phone calls and mail.
- To receive visitors of the resident’s choosing, subject to reasonable safety limits.
- To keep and use personal belongings, as space and safety allow.
A say in care
- To be fully informed about their health and treatment options, and to take part in developing their care plan.
- To refuse treatment, and to choose their own attending physician.
- To be free from physical or chemical restraints used for discipline or staff convenience rather than to treat medical symptoms.
Safety and money
- To be free from abuse, neglect, mistreatment and misappropriation of property.
- To manage their own financial affairs, or to have the home hold funds in an account with regular statements.
Complaints and discharge
- To voice grievances without fear of retaliation, and to have the home respond promptly.
- To be transferred or discharged only for specific reasons allowed by federal rules, for example when the home cannot meet the resident’s needs, the resident’s health has improved, others’ safety is at risk, or payment has not been made after reasonable notice.
- In most cases, to receive written notice in advance of a transfer or discharge, usually 30 days, with information on how to appeal.
Where to get help
Every state has a Long-Term Care Ombudsman program. Ombudsmen are advocates for residents: they help resolve complaints, explain rights and can be reached free of charge. You can also file a complaint with your state’s survey agency, which inspects nursing homes and investigates complaints. In an emergency, or if you suspect abuse, call 911 or local law enforcement.
Making rights work day to day
- Start with the charge nurse or social worker. Many problems are solved quickly once raised.
- Keep brief written notes with dates, names and what was agreed.
- Use care plan meetings to raise concerns and agree on changes.
- Ask whether the home has a resident or family council, and consider joining.