Rights Of Nursing Home Residents

Nursing Home Regulations And Laws Protecting Residents

Federal and state nursing home regulations govern the rights of nursing home residents, addressing issues such as privacy, security and participation in care plans, all with the goal of protecting residents from abuse and neglect. Read on for more information about the rights of nursing home residents.

The Nursing Home Reform Act

Congress passed the Nursing Home Reform Act in 1987, after a 1986 study found that nursing home residents were frequently being abused and neglected. The purpose of the Nursing Home Reform Act is to ensure all federally-funded nursing homes provide quality care and services aimed at maintaining the physical, mental and social well-being of every nursing home resident. The act also offers consequences and solutions to problems or violations, requires nursing homes to provide specific services and establishes a residents' Bill of Rights.

The Nursing Home Resident Bill Of Rights

Nursing home residents have the following rights under the Nursing Home Reform Act:

  1. The right to live in a caring environment free from abuse, mistreatment and neglect
  2. The right to live without the fear of enduring physical restraint
  3. The right to privacy
  4. The right to receive personal care that accommodates physical, medical, emotional and social needs
  5. The right to a social contact/interaction with fellow residents and family members
  6. The right to be treated with dignity
  7. The right to exercise self-determination
  8. The right to exercise freedom of speech and communicate freely
  9. The right to participate in the creation and review of one's individualized care plan
  10. The right to be fully informed in advance of any changes to care plan or status of the nursing home
  11. The right to voice grievances without discrimination or reprisal

Residents also have the right to receive specific services once they are in the care of a nursing home. These required services include providing a comprehensive plan designed specifically around the needs of each resident and meeting federal standards of quality when providing dietary services, pharmaceutical drug services and rehabilitation services. Nursing homes must employ a full-time social worker if they have more than 120 beds and periodically assess each resident no matter how many residents they have.

Contact Us To Discuss Nursing Home Rights Violations

If you or a loved one has experienced a nursing home rights violation, you may be entitled to compensation for any injuries you have sustained as a result. For more information, please contact O'Brien Batten & Kirtley, PLLC, to schedule a free initial consultation with an experienced Lexington nursing home abuse lawyer.