Your Rights
All nursing home residents have rights protected by the Nursing Home Reform Act and Americans with Disabilities Act. In evaluating health care providers, you should be aware of these rights to monitor care provided in a nursing home.
[NOTE: This summary is adapted from Nursing Homes: Getting Good Care There by the National Citizens' Coalition for Nursing Home Reform, Washington, D.C., phone: 202-332-2275.]
Access to information
Residents have the right to:
- information on all services available and the charges for those services
- information on the facility's policies, procedures, rules, and regulations
- information about how to contact their state ombudsman and licensure office and advocacy groups
- review the state survey reports on the facility
- daily communication in their own language; and assistance if there is sensory impairment
Participation in care
Residents have the right to:
- receive adequate or appropriate care
- be informed of their medical condition and participate in treatment planning
- refuse medication and treatment and be offered treatment alternatives
- participate in discharge planning
- review their medical records
Ability to make independent choices
Residents have the right to:- choose their physician
- participate in activities in the facility and community
- participate in a residents' council
Privacy and confidentiality
Residents have the right to:
- private and unrestricted communication, including privacy for phone calls, mail, and meetings with family, friends, and residents
- access to any entity or individual that provides health, social, legal, and other services
- confidentiality regarding medical, personal, and financial affairs
Dignity, respect, and freedom
Residents have the right to:
- be free from mental and physical abuse
- be free from physical and chemical restraints
- self-determination
- be treated with consideration, dignity, and respect
Security for possessions
Residents have the right to:
- manage personal financial affairs
- file a complaint with the state survey and agency for abuse, neglect, or misappropriation of property
Transfers and discharges
Residents have the right to:
- be transferred or discharged only for medical reasons, if health or safety is endangered, for nonpayment of services, or if the facility closes
- be notified of transfer 30 days in advance (in most instances)
- know the reason for transfer, the date it's effective, the location to which the resident is discharged, and a statement of the right to appeal
- receive preparation from the facility to ensure a safe and orderly transfer
- and have policies and practices upheld by the facility that are the same for all individuals regardless of payment source
Concerns and complaints
Residents have the right to:
- present grievances to the staff or others without fear of reprisal
- have grievances promptly resolved by the facility