People who live in nursing homes have legal rights. The rights of nursing home residents include the right to receive care that meets specific standards, to be informed about financial assistance sources that may be available to them, to be involved in decisions about their treatment, and other rights that affect their daily life in a nursing home. It is important for family members and nursing home residents to understand the rights that they have. If you know your rights, it can help to ensure that you or your loved one get better treatment. Knowing your rights can also help you to manage the costs and concerns that might arise with living in a nursing home. Elder Care Direction can help you to understand the rights that you or your loved one has when living in a nursing home.
State and federal laws that protect nursing home residents
People who live in long-term care facilities are protected under federal law. Many reports of inadequate care, abuse, and neglect arose in the 1980s. These reports led Congress to pass the federal Nursing Home Reform Act, which President Reagan signed into law in 1987. Under this law, the standards of care for nursing home residents are specified. Regulations that have been enacted under this law govern how care is administered by nursing homes and grants specific rights to families and to residents. Many of the requirements in this law are tied to the nursing home’s ability to receive federal funds from Medicaid or Medicare.
A large number of states have since passed their own measures. Some states have their own bill of rights for nursing home residents. Some guarantee the residents’ civil rights, including the right to vote and the right to participate in their own health care decisions. Other rights are specific to day-to-day life in nursing homes for the residents. For example, nursing home residents have the right to receive communications and visitors, keep their personal property, and receive advance notice of discharges or transfers. To learn about the rights that nursing home residents have in your state, you can refer to your own state’s law and review the federal law on the AARP’s website.
Certification and accreditation
State and federal certification and accreditation laws for nursing homes also benefit the residents. Under federal law, nursing homes must meet and maintain certain criteria to become certified Medicaid and Medicare providers. Many states also license or accredit nursing homes. Both families and nursing home residents derive benefits from these processes. Certification and accreditation can help to ensure that nursing home facilities adhere to the minimum standards of care. The residents can also have a way to file complaints about poor care with various state agencies. Finally, the state agencies that are tasked with enforcing the laws can investigate nursing homes to make sure that they comply. The reports that result from these investigations can be helpful when you are choosing a nursing home or if you need to file a legal action against a home in the future.
Nursing home residents rights
Every state has its own laws, so there isn’t one list of rights that universally applies. Some of the common rights that most residents have include the following:
- Rights to have visits from family members, friends, medical personnel, and state and federal government representatives
- Rights to use and keep personal property
- Rights to receive equal treatment, including when residents receive Medicare, Medicaid, or health care funding through the state
- Rights to be informed about the care that they are receiving
- Rights to refuse treatment in many scenarios
- Rights against the use of medical or physical restraints and to be free from abuse
- Rights to privacy in their areas and in their communications with their visitors
- Rights to file complaints and to be free from retaliation for filing them
- Rights to access and review their medical records
- Rights to receive advanced notices of discharges or transfers
- Rights to review state inspection reports of the nursing home facility
- Rights to participate in religious, community, and social activities
What do you do if you have an issue with your nursing home?
If you have an issue with your nursing home or the facility in which your loved one lives, you can start by checking with the health department to determine what rights exist in the area in which you live. If you suspect nursing home abuse or neglect, you should try to ensure your loved one’s safety and report your suspicions to the relevant state agencies. Elder Care Direction is available to help you to understand the rights of nursing home residents. If you need additional legal help, we can refer you to one of our experienced elder law attorney partners. Contact us today to learn more about the rights that you have.