RESIDENTS’ RIGHTS

What is the “Residents’ Bill of Rights?”

Both federal and state law include a list of rights to which each resident of a nursing home is entitled, and the obligations nursing homes must fulfill. The laws also obligate nursing homes to inform residents of these rights. The nursing home representative should provide a list and explanation of these rights. 

The rights of residents protected by law span a variety of subject areas. These subject areas include:

1. Privacy and Respect
2. Medical Care and Treatment
3. Freedom From Abuse and Restraint
4. Activities
5. Personal Possessions
6. Grievances and Complaints
7. Transfer and Discharge 
8. Financial Affairs

Privacy and Respect:
Will I lose all my privacy upon entering a nursing home?
No. The nursing home is obliged to protect your privacy as much as reasonably possible. Residents have the right to privacy in their accommodations, medical treatment, financial matters, and in their telephone, mail, and personal communications and meetings with family, friends, resident groups, etc.

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Medical Care and Treatment:
Do I have to obey the orders of the nursing home doctor?
No. Residents have the right to manage their own medical care. Each resident has the right of access to appropriate medical treatment, to be fully informed, and to participate in planning their own medical treatment. The resident also has the right to choose a personal attending physician and to refuse treatment. 

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Freedom From Abuse and Restraint:
I have heard stories about restraints used on nursing home residents. Can nursing homes use restraints whenever they wish?
No. Federal and state law requires that nursing home residents enjoy freedom from physical or chemical restraints, unless such restraints are medically necessary. Only a physician can prescribe restraints and he or she must document why they are necessary. The nursing home is required to protect the resident from any form of physical or mental abuse from the staff or other residents. 

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Activities:
While in the nursing home, may I pursue my own religious practices, and attend services?
Yes. Each resident has the right to freely participate in social, religious, political, or other activities within the nursing home and in the community. Such activity is at the discretion of the resident, and the resident cannot be compelled to participate against his or her wishes. 

Remember, though, nursing homes are not required to make extraordinary efforts to accommodate special religious or lifestyle choices. If you would like a special accommodation, such as a Kosher diet, for example, make sure the nursing home offers this before you move in.

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Personal Possessions:
Will I be able to have my own furniture, or other personal affects, with me?
Each resident has a right to the use and enjoyment of their own personal property, to the full extent that such use is practical and reasonable, and for so long as it does not interfere with the rights of other residents.

Grievances and Complaints:
What happens if I have a complaint against the nursing home, and they do not respond to my satisfaction?
Every resident has the right to present grievances and complaints to the nursing home, and to local and state regulatory agencies and other authorities. Every resident has a right to receive a response from the nursing home regarding each complaint. The nursing home cannot retaliate in any way against a resident for making complaints, or for any other assertion of residents’ rights.

There are outside agencies with responsibilities for protecting the rights of nursing home residents. One of the most important of these is the Long Term Care Ombudsman. The Northern Virginia Long-Term Care Ombudsman investigates complaints and offers assistance to residents and their families with any serious problem encountered in either nursing homes or adult care residences. (See the Section, “WHERE TO GO for HELP,” at the end of this article).

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Transfer and Discharge:
The circumstances might arise in which the nursing home may wish to transfer a resident within the facility, or even to discharge the resident. Federal and state law limits nursing homes as to if or when a resident can be moved against their wishes. See the next section in this booklet, “TRANSFER and DISCHARGE,” for a detailed examination on this important issue.

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Financial Affairs:
Will I lose control of my financial resources when I enter a nursing home?
The resident has the right to manage his or her own financial matters. Resident rights also include the right to periodic accountings by the nursing home for each resident’s bills and all other transactions with the nursing home.

In addition, if the resident chooses to delegate some control of his or her financial assets to the nursing home, the home must not only make full periodic accounting of these funds, but also guarantee a variety of other protections, such as avoiding the commingling of funds (that is, mixing a resident’s money with other bank accounts).

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