Choosing a nursing home for a loved one is one of the most important decisions you’ll make. Whether due to illness, injury, or age-related issues, placing someone in long-term care is a major step. But it's crucial to understand that nursing home residents are entitled to a range of legal rights that ensure they receive appropriate care, dignity, and respect. These rights are designed to protect seniors and ensure that they live in a safe and supportive environment, with the freedom to make choices about their lives and care.
In this blog, we’ll explore the rights of nursing home residents, the importance of these rights, and what families can do to advocate for their loved ones if those rights are violated.
What Are Nursing Home Resident's Rights?
The Nursing Home Reform Act of 1987, part of the Omnibus Budget Reconciliation Act (OBRA), established a set of fundamental rights for nursing home residents in the United States. These rights are designed to ensure that individuals in nursing homes are treated with respect, have a voice in their care, and are free from abuse and neglect. While these rights vary slightly by state, the following are some of the core rights guaranteed by federal law:
1. The Right to Dignity and Respect
Nursing home residents have the right to be treated with respect and dignity at all times. This includes:
Being addressed by their preferred name
Receiving care that is respectful of their privacy
Having their personal possessions treated with care and respect
Having a say in decisions about their care and treatment
A nursing home should foster an environment where residents are valued as individuals, not just patients.
2. The Right to Personal Privacy
Residents are entitled to privacy in all aspects of their lives. This includes:
The ability to close doors and draw curtains for privacy when in their rooms.
Receiving visitors at reasonable hours and in private.
Control over their personal communications, such as phone calls and mail.
Nursing home residents also have the right to confidentiality about their medical records and personal information. These records can only be shared with others with the resident’s consent or in situations where it's required by law.
3. The Right to Make Decisions About Their Care
Residents have the right to make decisions regarding their care and treatment, which includes:
The right to refuse any medical treatment or care.
The right to be fully informed about their medical condition and care options.
The right to be informed about the risks and benefits of treatments, medications, and procedures.
The right to choose their healthcare providers, including specialists and doctors.
Nursing homes are required to obtain informed consent before administering any care, and residents should never feel pressured into making decisions that they are uncomfortable with.
4. The Right to Be Free from Abuse, Neglect, and Mistreatment
Nursing home residents are entitled to live in an environment free from abuse, neglect, and exploitation. Abuse can take many forms, including physical, emotional, sexual, and financial abuse. Neglect occurs when a resident’s basic needs—such as food, water, hygiene, or medical care—are not being met.
Signs of abuse or neglect may include:
Unexplained bruises, cuts, or injuries
Sudden changes in behavior or withdrawal
Lack of personal hygiene or unkempt appearance
Unusual financial transactions or missing personal items
If you suspect abuse or neglect, it’s important to take action immediately by reporting it to the nursing home administration, state regulatory authorities, or law enforcement.
5. The Right to Access and Participate in Social, Religious, and Recreational Activities
Nursing homes are required to provide residents with opportunities for socialization, recreation, and community participation. This includes:
Access to group and individual activities that promote physical, emotional, and social well-being.
Opportunities to participate in religious services or spiritual activities, as desired.
Access to community resources such as transportation and volunteer services.
Activities should be tailored to the resident’s interests and abilities, fostering a sense of connection and engagement.
6. The Right to Privacy in Financial Matters
Residents have the right to manage their own finances or designate someone to handle their finances, such as a Power of Attorney (POA). Nursing homes must also be transparent about any fees and charges, and they cannot pressure residents to sign over their assets.
Additionally, residents must have access to a clear statement of their financial rights, including their right to keep money and possessions. Facilities must also protect residents' financial assets from fraud or exploitation.
7. The Right to Participate in Family and Legal Affairs
Nursing home residents are entitled to:
Be involved in family and legal matters, including communication with family members, attorneys, or other representatives.
Be informed of their rights and how to file grievances or complaints regarding their care.
Designate a person to represent them in legal and care-related decisions.
Family members and legal representatives should feel empowered to advocate for their loved one’s well-being and care, both legally and practically.
8. The Right to Be Notified of Changes in Care or Status
If a nursing home wishes to make any significant changes to a resident’s care plan, including transfers to another facility or changes to the resident’s medical treatment, they must:
Notify the resident and their family or legal representative in advance.
Provide reasons for the change and allow time for feedback and discussion.
9. The Right to Discharge and Transfer
Residents have the right to be discharged or transferred from the nursing home if they so choose, but there are some restrictions. For instance, the nursing home must provide a valid reason for the discharge or transfer, such as the resident no longer needing skilled care or being unsafe to remain in the facility.
In some cases, if a family member wishes to transfer a resident to another facility, the nursing home must assist with the process and ensure that the resident’s rights are protected during the transfer.
How Can Families Advocate for Nursing Home Residents?
Understanding these rights is vital for families and caregivers. While most nursing homes aim to provide high-quality care, problems can arise. To advocate effectively:
Stay Involved: Visit your loved one regularly, and get to know the staff. This helps you notice any changes in care or behavior that may be cause for concern.
Be Proactive: If you see signs of abuse, neglect, or violation of rights, speak up. Discuss concerns with nursing home staff and administrators immediately.
File Complaints: If issues are not resolved, you can file complaints with the state long-term care ombudsman or the U.S. Department of Health and Human Services.
Consult an Attorney: If you suspect legal violations or need help navigating a dispute with the nursing home, consult an experienced attorney in elder law.
Conclusion
The rights of nursing home residents are essential to their dignity, well-being, and care. Whether you are a resident or a concerned family member, knowing these rights is the first step in ensuring that seniors receive the care and respect they deserve.
At the Law Office of Kate Curler, we are committed to advocating for seniors and protecting their rights. If you have concerns about a loved one’s care in a nursing home, contact us for a consultation. We can help guide you through the process of advocating for the best care and support, ensuring that your loved one’s rights are protected every step of the way.
Let’s work together to create a better environment for those who have given so much