The Nursing Home Residents’ Bill of Rights

Strong advocacy for residents of nursing homes who are denied their rights

Seniors and those who love them should know that the residents of nursing homes have many different rights. These rights are established by federal law, by Medicare and Medicaid, by state laws, and by the terms of their residential contracts. When nursing homes violate these rights, the seniors have the right to file formal claims with an official called an ombudsman. The seniors may also have the right to file a legal claim seeking enforcement of their rights and compensation for any damages they suffer.

At Garcia & Artigliere, our nursing home abuse and elder abuse attorneys explain to the residents of nursing, their relatives, and their caretakers that the nursing homes are there to serve and protect their residents. The residents are not in these homes to be silent and sit in the corner. Nursing home residents should enjoy their senior years as much as possible, with as many friends as possible, and in as good a health condition as possible. In order to live good lives, seniors should know and assert their rights.

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• What rights do seniors have based on federal laws?
  • Health care rights
  • Personal rights
  • Financial rights
  • Grievance rights

  

  What rights do seniors have based on federal laws?

  The Nursing Home Reform Act (NHRA) was enacted in 1987 as part of the Omnibus Budget & Reconciliation Act of 1987 (OBRA ‘87). The NHRA establishes many nursing home requirements. The requirements apply to Skilled Nursing Facilities in the Medicare program and nursing facilities in the Medicaid program.

  The NHRA creates the following rights for nursing home residents including the right to a dignified existence, self-determination, and communication with people and services inside and outside the nursing home. The facility must ensure that all residents have equal access to quality care – regardless of their condition and the source of payment. The exercise of a resident’s rights includes the right to be free from any adverse consequences for exercising their rights.

  Nursing home residents, in Medicare and Medicaid facilities, have the right to designate a representative to exercise their rights. Furthermore, “The same-sex spouse of a resident must be afforded treatment equal to that afforded to an opposite-sex spouse if the marriage was valid in the jurisdiction in which it was celebrated.”

  Some of the rights residents of nursing homes have, based on the NHRA and the policies of the Centers for Medicare and Medicaid Services (CMS) include the following:

  Health care rights

  • The right to be informed about and participate in their treatment – in a language the resident can understand. This right includes participation in the development and implementation of the resident’s plan of care – including the right to review the goals of the care, the types of care, the length of care, and any changes to the plan of care. This right includes the right to be informed of the risks and benefits of the various treatments.
  • The right to choose his/her own licensed physician including the ability to contact the physician and to discuss any reasons why the physician cannot provide the necessary healthcare.

  Personal rights

  • The right to be “treated with respect and dignity” including:
    • The right to be free from any chemical or physical restraints not necessary to treat the resident’s medical symptoms.
    • The right to keep and use personal possessions subject to space and safety limitations.
    • The right to share a room with a spouse when both spouses agree and live in the same facility
    • The right to share a room with a specific roommate when practicable, the roommates consent, and both live in the same facility.
    • The right to refuse to move to another room unless certain conditions are met.

    Financial rights

    • The right to manage the resident’s financial affairs including being informed about any charges of the facility
    • The right to decide if the resident can deposit any personal funds with the nursing home.
    • The right to an accounting of the resident’s personal funds placed on deposit with the nursing home.
    • The right to certain financial information that may affect the resident’s Medicaid or SSI eligibility or services.

    Grievance rights

    • The right to voice grievances to the nursing home and any agency that hears and investigates the grievances of nursing home residents.
    • The right to file formal complaints against the nursing home.