As people age, many turn to nursing homes for the care and support they need in their later years. While these facilities are meant to provide a safe and nurturing environment, not all residents receive the treatment they deserve. Some face neglect, mistreatment, or even abuse.
To prevent such situations, the law grants nursing home residents specific rights that protect their well-being, dignity, and quality of life. Understanding these rights is important for residents and their families to ensure they receive proper care and are not taken advantage of.
Here are 10 essential legal rights that nursing home residents should be aware of.
1. The Right to Be Free from Abuse and Neglect
Nursing home residents have the fundamental right to live in an environment free from abuse, neglect, or exploitation. Abuse can be physical, emotional, financial, or even sexual, while neglect includes failure to provide basic necessities like food, hygiene, or medical care. Federal and state laws strictly prohibit mistreatment, and any violations can lead to legal consequences for the facility.
If a resident or their family suspects any form of mistreatment, they have the right to report it to authorities. This can include contacting local law enforcement, Adult Protective Services, or an ombudsman who advocates for residents. Facilities are also required to investigate and report suspected abuse, ensuring that residents are protected from further harm.
2. The Right to Proper Medical Care
Residents in nursing homes must receive adequate and appropriate medical care tailored to their specific needs. This includes access to doctors, nurses, medication, therapy, and emergency care when necessary. Facilities are required to maintain proper medical records and ensure that treatments are administered as prescribed by a physician.
In addition, residents have the right to participate in their own healthcare decisions. They can accept or refuse treatment, request second opinions, and even switch doctors if they feel their needs are not being met. Nursing homes cannot force a resident into any medical procedure without their informed consent.
To know more about these rights and to protect your loved one in a nursing facility, you can give a read to the detailed My Nursing Home Abuse Guide.
3. The Right to Dignity and Respect
Every resident deserves to be treated with dignity, respect, and kindness. Nursing home staff must interact with them professionally and compassionately, ensuring they are not subjected to humiliation, belittlement, or discrimination.
This right also extends to privacy and autonomy. Residents have the right to make personal choices, maintain their daily routines, and live in an environment where they feel comfortable. Nursing homes should foster an atmosphere that promotes self-respect and independence, rather than one that makes residents feel like they have lost control over their own lives.
4. The Right to Be Informed About Their Rights
Upon admission, nursing homes are legally required to inform residents (and their families) about their rights. This information must be provided in writing and in a language the resident understands.
Additionally, residents must be kept informed about any changes in policies, costs, or their personal care plans. If a resident does not understand something, they have the right to ask for clarification. Transparency is key to ensuring residents are fully aware of what to expect from their care facility.
5. The Right to Make Complaints Without Fear of Retaliation
Nursing home residents have the right to file complaints if they experience poor treatment, unsanitary conditions, medication errors, or any other issues. These complaints can be made internally within the facility or externally to regulatory agencies, such as state health departments or elder care advocacy groups.
Importantly, facilities cannot retaliate against residents for speaking up. If a resident faces punishment, isolation, or mistreatment for voicing their concerns, legal action can be taken against the nursing home. Encouraging an open and transparent environment helps ensure that all residents receive the quality care they deserve.
6. The Right to Manage Their Own Finances
Unless a resident has legally designated a financial power of attorney, they retain full control over their personal finances. Nursing homes cannot force residents to use their funds in a particular way or make financial decisions on their behalf.
If a nursing home manages a resident’s funds (with consent), they must provide regular accounting statements to ensure transparency. Families should always be vigilant about financial exploitation, as some facilities have been known to engage in fraudulent billing or unauthorized withdrawals.
7. The Right to Have Visitors
Residents have the right to receive visitors at reasonable hours, including family, friends, legal representatives, and even clergy. Social interaction is crucial for mental and emotional well-being, and nursing homes cannot unreasonably restrict visits.
However, during public health emergencies (like the COVID-19 pandemic), nursing homes may implement safety protocols. Even in such cases, they should allow alternative communication methods, such as phone calls or video chats, to ensure residents remain connected with their loved ones.
8. The Right to Private Communications
Beyond in-person visits, residents also have the right to private phone calls, emails, and letters without interference from the nursing home staff. This means facilities cannot monitor or restrict a resident’s ability to communicate with the outside world.
Privacy in communication is especially important for residents who may want to report mistreatment, consult with an attorney, or discuss personal matters without fear of being overheard.
9. The Right to Choose Their Own Physician
Nursing home residents are not obligated to use the facility’s assigned doctor. They have the right to select their own physician or seek a second opinion regarding their medical care.
This ensures residents receive personalized treatment that aligns with their health needs and preferences. If a facility tries to limit this choice, it may be violating the resident’s legal rights.
10. The Right to Refuse Treatment
Just like any other patient, nursing home residents have the right to accept or refuse medical treatment. Whether it’s surgery, medication, or therapy, residents must provide informed consent before any treatment is administered.
If a resident is unable to make decisions due to cognitive decline, a legally appointed health care proxy or power of attorney can make decisions on their behalf. However, nursing homes cannot force medical interventions without proper legal authority.
