Nursing home residents have certain rights guaranteed under federal and state laws.
The following list has been defined by the Centers for Medicare and Medicaid Services (CMS) as rights for nursing home residents of Medicare and/or Medicaid certified nursing homes.
Nursing home residents have the right to:
- Be treated with respect
- Participate in activities
- Be free from discrimination
- Be free from abuse and neglect
- Be free from restraints
- Make complaints
- Get proper medical care
- Have their representative notified of care needs or changes in care
- Get information on services and fees
- Manage their own money
- Get proper privacy, property, and living arrangements
- Spend time with visitors
- Receive social services
- Leave the nursing home
- Have protection against unfair transfer or discharge
- Form or participate in resident groups
- Have their family and friends involved in their care
The Centers for Medicare and Medicaid Services have more information on the rights of nursing home residents and how quality of care is being protected.
States may have different definitions of elder abuse so rights may vary from state to state. FindLaw has gathered those definitions and laws together, along with links to state-specific Adult Protective Services offices. Be aware of how things are defined in the state where the resident lives.
How to File a Complaint
If a resident’s rights are being violated or elder abuse is suspected, it is usually best to start by speaking to the staff and management of the nursing home. When speaking to staff and management, be specific about what the issue is and, if possible, work together to reach a resolution.
Nursing homes are required to have a medical director; this individual may be a resource to get redress, as well. If it is not to reach a resolution with the nursing home directly, each state and many localities have a long-term care ombudsman that the resident, their caregiver, or their local representative can contact.
CMS recommends contacting a local Beneficiary and Family Centered Care Quality Improvement Organization (BFCC-QIO) so that the matter can be handled correctly.
Additionally, state and local Adult Protective Services offices can help navigate legal or other barriers that can arise when filing a complaint. They are available here: https://www.napsa-now.org/help-in-your-area).
Find additional general resources through the National Center on Elder Abuse and the Eldercare Locator.
Various websites have sprung up to publicize the issue of “nursing home abuse.” Be aware that while they may contain information about nursing home resident rights and elder abuse, they may also be marketing efforts by attorneys primarily interested in pursuing legal action.
If all other efforts of remedying the problem have been exhausted, it may make sense to retain this type of attorney, but that may not be the first, best, option.
How to Look Up Complaints and Nursing Home Performance
Medicare provides a service called Care Compare, where nursing homes are evaluated based on guidelines set out by CMS. Complaints filed against a nursing home can factor into their rating. This can help with the search for a quality nursing home in a patient’s area.
Nursing homes also undergo state surveys if choosing to participate in federal CMS programs. State surveyors offer certification by at least conducting a Life Safety Code survey, a Standard Health Survey, and an Emergency Preparedness Survey. If a nursing home is found not to be compliant, the state government may impose penalties. Information about these penalties can be found on state websites.
Choosing and paying for a nursing home can be confusing processes. We’ve gathered resources and information to consider when selecting a nursing home, so visit our Finding Care Outside of the Home section to learn more.
