Nursing Home Resident Rights: State-by-State Facility Guide

Regardless of the variations of the quote, “the true measure of any society is found in how it treats its most vulnerable members,” its sentiments ring true when considering the fragility of residents in nursing home facilities. Fortunately, our federal and state governments have legislation protecting this population and safeguarding their nursing home resident rights.

Many potential residents fear losing full autonomy when they consider moving into a nursing home, even though it’s likely a safer and more supportive environment to meet their increasing need for care. As a healthcare leader, you can alleviate this fear and maintain government compliance by following these laws and regulations. This guide reviews the federal regulations protecting nursing home residents and provides resources for state rules.

5 Core Resident Rights in a Nursing Home

Federal regulations — found in section 42 CFR 483.10 — define resident rights in assisted living facilities. Their main intent is to ensure that nursing home residents shall be treated with respect and dignity (in their living spaces and within the healthcare setting) and remain protected against abuse. Let’s look at some examples of the code’s key provisions.

1. The Right to Respect and Dignity

Nursing home residents’ dignity is protected by law, guaranteeing them access to environmental accommodations and treatment that improves their quality of living. This may look like prioritizing modesty, allowing shared rooms between consenting spouses, and being free of physical or chemical restraints unless medically or emergently indicated.

2. The Right to Self-Determination

Residents must be allowed to make choices about how they live while residing in a nursing home. This may apply to the activities they engage in, their financial autonomy, or visitation rights and the ability to participate in community events in and outside of the facility.

3. The Right to Participate in Care

Providers and residence facilities are mandated to involve the nursing home resident in their care, allowing and encouraging their participation. This guarantees residents the right to be informed about all aspects of their care and ensures the provision of their care plan services or items.

4. The Right to Choose Their Providers

As long as the provider or physician is licensed, a nursing home resident must be allowed a say in who’s directing their care. This right also necessitates that patients are updated with the names, titles, qualifications, and other pertinent details about their provider so that they can make an informed decision.

5. The Right to Information and Communication

Residents have the right to access information in their personal and medical records. Requested information — such as Medicare and Medicaid eligibility, for example — must always be given in a manner that is understandable by the resident and meets their specific learning needs (such as materials in braille for residents who may be blind).

Federal Legislation Protecting Nursing Home Resident Rights

The Code of Federal Regulations (CFR) is one of the primary sources where you’ll find the laws protecting the rights of Medicare and Medicaid residents living in long-term facilities. The Federal Register website publishes the CFRs to help you understand the regulatory process affecting your residents and facility.

Federal Rules Protecting Resident Rights in a Nursing Home

The Requirements for States and Long-Term Care (LTC) Facilities provide the key federal regulations that your facility must follow to promote and protect residents and include rules covering:

• Residents’ rights (42 CFR 483.10)
• Freedom from abuse, neglect, and exploitation protection (42 CFR 483.12)
• Admission, transfer, and discharge rights (42 CFR 483.15)

Each state is required to have an ombudsman program that supports residents living in LTC facilities. These patient advocates don’t provide clinical treatments, but ensure that safe and appropriate care is given. Key responsibilities of an ombudsman include:

• Advocating for nursing home resident rights and quality of care.
• Receiving, investigating, and resolving complaints made by or on behalf of residents.
• Educating residents and facilities about resident rights and good care practices.
• Providing potential residents information about finding a facility and getting quality care.

While the ombudsman doesn’t have legal authority to require a nursing home to change its policies and procedures, they can file a complaint to government regulators if their investigation reveals violations. So it’s in the facility’s best interest to improve compliance by working with ombudsmen and residents to resolve any complaints that can lead to potential fines, sanctions, or lawsuits.

Common things nursing homes are not allowed to do, or other events that ombudsmen investigate on behalf of resident complaints, include:

• Neglect, mistreatment, or abuse (verbal, emotional, physical, sexual, etc.)
• Lack of appropriate healthcare for medical conditions or disabilities
• Injuries, including falls and fractures
• Medication errors
• Unanswered requests for help
• Wrongful eviction

Nursing Home Regulations by State for Resident Rights

Now that we’ve reviewed the federal regulations protecting assisted living resident rights, you’ll also want to be well-versed in your state’s codes and statutes. This table provides links to your local legislation on nursing home resident rights and LTC ombudsman program. While federal regulations protect all nursing home residents in the U.S., some states have elected to include additional rights to further safeguard this vulnerable population.

Interested in the Latest Regulatory Updates?

Promoting nursing home resident rights is the cornerstone of good patient care and regulatory compliance. Don’t miss out on the latest policy changes with IntelyCare’s continuously updated facility guides and best practice recommendations.

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.