Resident in all long term care facilities are guaranteed specific rights under the law. persons in nursing facilities which receive Medicaid and Medicare funding have additional rights. These rights include:

The Right to Participate in Their Own Care, including:

  • The right to receive adequate or appropriate care;
  • The right to be informed of any changes in their medical condition;
  • The right to participate in planning their treatment, care, and discharge;
  • The right to refuse medication and treatment;
  • The right to refuse chemical and physical restraints;
  • The right to review their medical record.


The Right to Make Independent Choices, including:

  • The right to make independent personal decisions, such as what to wear and how to spend free time;
  • The right to reasonable accommodation of their needs and preferences by the nursing home;
  • The right to choose their own physician;
  • The right to participate in community activities, both inside and outside the nursing home;
  • The right to organize and participate in a Resident Council.


The Right to Privacy and Confidentiality, including:

  • The right to private and unrestricted communication with any person of their choice;
  • The right to privacy in treatment and in the care of their personal needs;
  • The right to confidentiality regarding their medical, personal, or financial affairs;


The Right to Dignity, Respect, and Freedom, including:

  • The right to be treated with the fullest measure of consideration, respect, and dignity;
  • The right to be free from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraints;
  • The right to self-determination.
  • The Right to Security of Possessions, including:
  • The right to manage their own financial affairs;
  • The right to file a complaint with the State survey and certification agency for abuse, neglect, or misappropriation of their property if the nursing home is handling their financial affairs;
  • The right to be free from charge for services covered by Medicaid or Medicare.


 Rights During Transfers and Discharges, including:

  • The right to remain in the nursing facility unless a transfer or discharge: is necessary to meet the resident's welfare; is appropriate because the resident's health has improved and the resident no longer requires nursing home care; is needed to protect the health and safety of other residents or staff; is required because the resident has failed, after reasonable notice, to pay the facility charge for an item or service provided at the resident's request;
  • The right to receive notice of transfer or discharge. A thirty-day notice is required. The notice must include the reason for transfer or discharge, the effective date, the location to which the resident is transferred or discharged, a statement of the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman;
  • The right to a safe transfer or discharge through sufficient preparation by the nursing home.


The Right to Complain, including:

  • The right to present grievances to the staff of the nursing home, or to any other person, without fear of reprisal;
  • The Nursing Home Reform Act also grants nursing home residents these specific rights:


The Right to Be Fully Informed, including:

  • The right to be informed of all services available as well as the charge for each service;
  • The right to have a copy of the nursing home's rules and regulations, including a written copy of their rights;
  • The right to be informed of the address and telephone number of the State Ombudsman, State licensure office, and other advocacy groups;


Other rights to include:

  • The right to see the State survey reports of the nursing home and the home's plan of correction;
  • The right to be notified in advance of any plans to change their room or roommate;
  • The right to receive information in their language;
  • The right to assistance if they have a sensory impairment.