Residents' Rights

Residents' Rights Overview

Residents’ Rights are guaranteed by the federal 1987 Nursing Home Reform Law. The law requires nursing homes to “promote and protect the rights of each resident” and places a strong emphasis on individual dignity and self-determination. Nursing homes must meet federal residents' rights requirements if they participate in Medicare or Medicaid. Some states have residents' rights in state law or regulation for nursing homes, licensed assisted living, adult care homes, and other board and care facilities. A person living in a long-term care facility maintains the same rights as an individual in the larger community.

View a Consumer Voice fact sheet on Residents' Rights.

Select on a below link to learn more about Residents' Rights.

What are Residents' Rights?

Residents' Rights Guarantee Quality of Life
The 1987 Nursing Home Reform Law requires each nursing home to care for its residents in a manner that promotes and enhances the quality of life of each resident, ensuring dignity, choice, and self-determination.
All nursing homes are required "to provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care that… is initially prepared, with participation, to the extent practicable, of the resident, the resident's family, or legal representative." This means a resident should not decline in health or well-being as a result of the way a nursing facility provides care.

The 1987 Nursing Home Reform Law protects the following rights of nursing home residents:

The Right to Be Fully Informed of

  • Available services and the charges for each service
  • Facility rules and regulations, including a written copy of resident rights
  • Address and telephone number of the State Ombudsman and state survey agency
  • State survey reports and the nursing home’s plan of correction
  • Advance plans of a change in rooms or roommates
  • Assistance if a sensory impairment exists
  • Residents have a right to receive information in a language they understand (Spanish, Braille, etc.)

Right to Complain

  • Present grievances to staff or any other person, without fear of reprisal and with prompt efforts by the facility to resolve those grievances
  • To complain to the ombudsman program
  • To file a complaint with the state survey and certification agency

Right to Participate in One's Own Care

  • Receive adequate and appropriate care
  • Be informed of all changes in medical condition
  • Participate in their own assessment, care-planning, treatment, and discharge
  • Refuse medication and treatment
  • Refuse chemical and physical restraints
  • Review one's medical record
  • Be free from charge for services covered by Medicaid or Medicare

Right to Privacy and Confidentiality

  • Private and unrestricted communication with any person of their choice
  • During treatment and care of one's personal needs
  • Regarding medical, personal, or financial affairs

Rights During Transfers and Discharges

  • Remain in the nursing facility unless a transfer or discharge:
  • (a) is necessary to meet the resident’s welfare;
  • (b) is appropriate because the resident’s health has improved and s/he no longer requires nursing home care;
  • (c) is needed to protect the health and safety of other residents or staff;
  • (d) is required because the resident has failed, after reasonable notice, to pay the facility charge for an item or service provided at the resident’s request
  • Receive thirty-day notice of transfer or discharge which includes the reason, effective date, location to which the resident is transferred or discharged, the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman
  • Safe transfer or discharge through sufficient preparation by the nursing home

Right to Dignity, Respect, and Freedom

  • To be treated with consideration, respect, and dignity
  • To be free from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraints
  • To self-determination
  • Security of possessions

Right to Visits

  • By a resident’s personal physician and representatives from the state survey agency and ombudsman programs
  • By relatives, friends, and others of the residents' choosing
  • By organizations or individuals providing health, social, legal, or other services
  • Residents have the right to refuse visitors

Right to Make Independent Choices

  • Make personal decisions, such as what to wear and how to spend free time
  • Reasonable accommodation of one's needs and preferences
  • Choose a physician
  • Participate in community activities, both inside and outside the nursing home
  • Organize and participate in a Resident Council
  • Manage one's own financial affairs

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Residents' Rights in Other Languages

The Center is pleased offer Residents' Rights in the following languages, English, French, Hindi, Korean (Illinois specific, not federal version), Spanish and Russian (Illinois specific, not federal version). Select on the links below to access each version.

If you have a copy of Residents' Rights in a language not listed here and would like to share it with NORC, e-mail it to ombudcenter@theconsumervoice.org. Thank you!

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National Residents' Rights Month 2011

Residents' Rights Month

 

 

As part of Residents' Rights Month, the Consumer Voice has developed a new product - the Residents' Rights Community Outreach Kit. Each outreach kit (assembled in a Residents' Rights bag) features a items to be used for Residents' Rights advocacy including: postcards with Resident Voice artwork and quotes, buttons, stickers, wristbands and a collection of this year's Residents’ Voice entries promoting residents' rights and this year's theme. These kits are helpful awareness tools and can be used as giveaways for Residents' Rights Month luncheons, press activities, visits with residents and other activities.  Place your order today.

  Click Here to see Resident Voice entries

Click Here to see photos and video from the Arkansas Advocates for Nursing Home Reform's Residents' Rights Rally

 

We are pleased to announce Residents' Rights Week has been expanded to Residents' Rights Month. This gives us the entire month of October to call attention to the very important topic of residents' rights.

Residents' Rights Month is an annual event designated by the Consumer Voice and is celebrated in October to honor residents living in all long-term care facilities, including nursing homes, sub acute units, assisted living, board and care and retirement communities. It is a time for celebration and recognition offering an opportunity for every facility to focus on and celebrate awareness of dignity, respect and the value of each individual resident. The theme for Residents' Rights Month 2011 is, "Welcome Home: Creating Connections Between Residents and the Community" with the goal of educating the community about residents' rights and to increase community involvement with residents.

2011 Residents' Rights Month Packet of Materials

Each year, the Consumer Voice develops a packet to help you plan your Residents’ Rights events. The packet is completely downloadable and features ready-to-use items, including promotional materials, activities to celebrate Residents' Rights Month, training tools and resources.

Introduction & Overview

Training Materials

Promotional Materials

The Resident's Voice Challenge 2011

The Resident’s Voice is an opportunity for residents from facilities across the country to share their ideas about this year’s Residents’ Rights Month theme with other residents, ombudsmen, families, community members and nursing home staff.

Residents are encouraged to think about and respond to the following questions:

  1. What is your favorite memory of growing up in your community?
  2. What was your favorite community event growing up?
  3. What does it mean to be part of a community?
  4. Why is it important to you to have community members come into your home/facility?

Residents can respond to the questions in writing (poems, stories), through art of any kind or with video’s/recordings. We will use one or two of the entries for the Residents’ Rights Month packet and community outreach kit. We encourage facilities/families to frame resident entries and hang them in residents’ rooms or other areas of the facility. 

Resources

Residents' Rights Month 2011 Advisory Board

Residents' Rights Month 2011 Events & News
Below is a listing of Residents' Rights Month events and news articles from across the country.

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Previous Residents' Rights Celebrations

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