How to Know Your Rights as a Nursing Home Resident

All nursing home residents have specific rights and protections under federal and state law. Both assisted living and skilled nursing facilities are required by law to protect the rights of each resident, the primary goal of which is to promote quality of life for individuals. Staff members should treat every resident with dignity and respect.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Written copy of policies, procedures and rules of the assisted living or skilled nursing facility

1. Ask to be informed in writing of the facility’s policies and your rights and responsibilities as a resident. The facility should ask you to sign a statement acknowledging that you have received and understand the rules and regulations, in addition to the services available and the charges.
2. Request to participate in your treatment and plan of care. Every resident has the right to make informed choices, even if that means refusing specific care and/or treatment.
3. Inquire as to whether you can continue to see your own personal physician and select the pharmacy and other health care providers of your choice.
4. Make it clear that you expect all staff members to honor your right to privacy.
5. Look to see if there is a notice posted informing residents that they have a right to review the most recent regulatory survey conducted by state or federal surveyors. Survey results should be posted in an area easily accessible to residents and the general public. A resident also has the right to examine the facility’s plan to correct any deficiencies cited.
6. Ask if the facility encourages residents to organize and participate in resident and family councils. Taking part in such groups gives residents and their family members a voice in the decisions which affect them. All facilities are required to act upon grievances and recommendations made by residents or their families.

Tips & Warnings

• Residents have the right to ask to speak to state Surveyors visiting the facility, whether it be a routine investigation or in response to a specific complaint. Surveyors are easy to identify by their name badges, which should clearly indicate that they are from the state’s Department of Health Services.