Nursing Home Residents' Rights

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Nursing Home Residents' Rights

The federal government has passed laws that establish the rights of nursing home residents. Most states have also passed laws that provide additional protection. You can obtain a copy of the "Nursing Home Residents' Rights," by contacting your area ombudsman. The phone number is located in your phone directory.
Each person admitted to a nursing home has the following rights among others:

To be fully informed, as evidenced by the patient's written acknowledgment prior to or at the time of admission and during the stay, of these rights and all rules and regulations governing patient conduct and responsibilities.

To be fully informed prior to or at the time of admission and during the stay of services available in the facility, and of related charges of these services including any charges not paid by Medicaid or not included in the basic rate per day.

To be fully informed by a physician of his/her medical condition, unless the physician decides that informing the patient is contraindicated, and to be given the opportunity to participate in planning his/her medical treatment and to refuse to participate in experimental research.

To refuse treatment to the extent permitted by law and to be informed of the medical consequences of such refusal.

To be transferred or discharged only for medical reasons or for his/her welfare or that of other patients or for nonpayment for his/her stay (except as prohibited by the Medicaid program); to be given reasonable advance notice to ensure orderly transfer or discharge.

To be encouraged and assisted throughout his/her stay to exercise his/her rights as a patient and as a citizen, and to this end to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of his/her choice, free from restraint, interference, coercion, discrimination, or reprisal.

To manage his/her personal financial affairs or to be given at least a quarterly accounting of financial transactions made on his/her behalf, should the facility accept his/her written delegation of this responsibility subject to specific record keeping requirements.

To be free from mental and physical abuse, and to be free from chemical and (except in emergencies) physical restraints, except as authorized in writing by a physician for a specified and limited period of time, or when necessary to protect the patient from injury to himself or herself or to others. The use is authorized by a professional staff member identified in the written policies and procedures of the facility as having the authority to do so and promptly reported to the resident's physician by the staff member.

To be assured confidential treatment of his/her personal and medical records, and to approve or refuse to release them to any individual outside the facility except in the case of his/her transfer to another facility or as required by law.

To be treated with consideration, respect, and full recognition of his/her dignity and individuality, including privacy in treatment and care for his/her personal needs.

Not to be required to perform services for the facility that are not included for therapeutic purposes in his/her plan of care.

To associate and communicate privately with persons of his/her choice and to send and receive his/her personal mail unopened unless medically contraindicated.

To meet with and participate in the activities of social, religious, and community groups at his/her discretion unless medically contraindicated.

To retain and use his/her personal clothing and possessions as space permits unless to do so would infringe upon the rights of other patients and unless medically contraindicated.

If married, to be assured of privacy for visits by his/her spouse, and, if both are patients in the facility, to be permitted to share a room unless medically contraindicated.

To have daily visiting hours established.

To have the right to visitation by an ombudsman and the individual's physician at any time, and (with consent of the resident) family, individuals that provide health, social, legal, or other services and others who may wish to visit.