Some of the types of abuse discussed on this web site are criminal matters. These cases however can be litigated in civil courts for monetary damages. Additionally there are laws now passed by Congress that provide additional protects and rights to elderly nursing home residents.

Among these laws are the Nursing Home Reform Act which has its stated aim as to "promote and protect the rights of each resident." The law is a ntional effort to improve the quality of life for people in nursing home across the country.

Residents of nursing homes have the right to be treated with respect and to have their privacy and well-being protected. They must be informed about their medical care and be allowed to chose or decline treatment. The following list outlines resident's rights.

Access and Visitation
Nursing home residents have the right to see family members, a resident advocate, a physician, service providers, or representatives of the state or federal government.

Freedom of Choice
Nursing home residents have the right to make their own choices. For example, residents may keep and use their personal possessions and clothing, unless health and safety would be endangered.

Confidentiality
Nursing home residents have the right to keep their personal and clinical records private.

Equal Access to Quality Care
Nursing home residents have the right to equal access to quality care, regardless of whether they pay their bills privately or receive benefits from Medicare or Medicaid.

Financial Obligations
Nursing home residents have the right to tell residents what services are covered by Medicare and Medicaid. In addition, the facility must notify residents about about added fees for services.

Free Choice
Nursing home residents have the right to choose their personal physician, be fully informed about their medical care and treatment, participate in planning their care and treatment, and refuse treatment.

Freedom from Abuse and Restraints
Nursing home residents have the right to be free from physical or mental abuse. They cannot be kept apart from other residents against their will. Physical restraints or drugs cannot be used if they are not required to treat medical symptoms. Restraints cannot be used to discipline a resident or to make it easier to care for the resident.

Grievances
Nursing home residents have the right to complain about their care or treatment without being punished. They also have the right to have their grievances resolved quickly.

Notice of Rights
Nursing home residents have the right to be informed about his or her rights. The facility must provide a written statement of these rights if a resident asks for it.

Participation in Resident and Family Groups
Nursing home residents have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents.

Personal Funds
Nursing home residents have the right to ask a nursing home to manage his or her personal funds. However, the facility must follow state and federal record keeping requirements.

Privacy
Nursing home residents have the right to privacy. This right includes privacy in their rooms, and during medical treatment, and in communications (including telephone conversations), visits, and meetings with family or resident groups.

Records and Surveys
Nursing home residents have the right to review his or her medical records within 24 hours after making a request. A resident also has the right to examine the results of the facility's most recent survey and the plan of correction, if there is one.

Relocation
Nursing home residents have the right to receive notice before their room or roommate is changed. Residents can refuse transfer to another room if the purpose of the transfer is to move the resident from a Medicare bed to a Medicaid bed or vise versa.

Transfer and Discharge
Nursing home residents have the right to remain in the nursing home. They cannot he moved unless the transfer or discharge is: (1) necessary to meet the resident's welfare; (2) appropriate because the resident no longer needs the facility's services; (3) necessary to prevent endangering the health or safety of other individuals in the facility; (4) based on the resident's failure to pay, after reasonable notice; or (5) required because the facility has ceased to operate.

The resident and a family member or legal representative must be given at least 30 days' notice of a proposed transfer/discharge and must be informed of the resident's right to appeal. The facility must prepare the resident so the transfer/discharge is safe and orderly.

Transfer for Hospitalization
Nursing home residents have the right to receive written notice before transferring to a hospital or for therapeutic leave.

Priority Readmission
Nursing home residents who are transferred have the right to be readmitted to the facility immediately when a semi-private bed becomes available.


If you believe a loved one has been subjected to abuse, contact us for an legal evaluation of your situation.



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