Nursing Home Residents Bill of Rights

As the population ages, elder abuse has become a growing concern, particularly in nursing homes and assisted living facilities. Elder abuse encompasses a range of harmful behaviors, including physical, emotional, sexual, and financial abuse, as well as neglect. 

It’s important for families and caregivers to recognize the signs of elder abuse and understand their rights under the law to protect their loved ones.

You place a significant amount of trust in the nursing home staff or other healthcare providers who tend to your loved ones, and any abuse that happens behind closed doors is a punishable offense. 

What Is the Nursing Home Residents Bill of Rights?

The Nursing Home Residents Bill of Rights is a framework of legal protections established to ensure that residents in long-term care facilities receive care in a safe, respectful, and dignified manner. These rights are mandated by federal law through the Nursing Home Reform Act of 1987 and are further reinforced by state laws, which may provide additional protections.

These rights include, but are not limited to:

• The right to dignity, respect, and freedom.
• The right to privacy and confidentiality.
• The right to participate in one’s own care plan.
• The right to voice grievances without fear of retaliation.
• The right to safe and appropriate care.

Federal Protections Under the Nursing Home Reform Act

The Nursing Home Reform Act of 1987 established comprehensive standards for nursing homes participating in Medicare or Medicaid. The law was introduced to address widespread reports of neglect and abuse in long-term care facilities. It sets forth clear expectations to promote quality care and uphold the rights of residents.

Key Federal Rights

• Right to Be Fully Informed
  Residents have the right to receive complete and understandable information about:
  • Their rights and responsibilities.
  • Services available in the facility and their associated costs.
  • Any changes to their living arrangements or care plans.
• Right to Participate in Care 
  Residents can:
  • Be involved in decisions about their care and treatment.
  • Refuse medication or treatment.
  • Create advance directives for end-of-life care.
• Right to Privacy and Confidentiality 
  Residents are entitled to private communication, confidential medical records, and personal privacy during medical exams and daily living activities.
• Freedom from Abuse, Neglect, and Restraint 
  Facilities must protect residents from:
  • Physical, verbal, emotional, or sexual abuse.
  • Neglect or exploitation.
  • Unnecessary physical or chemical restraints unless medically required.
• Right to Complain 
  Residents have the right to voice grievances about their care without fear of retaliation.

State-Specific Nursing Home Rights

While federal law provides a strong foundation, individual states often enhance these protections. For instance:

• California: Offers additional rights under the California Patients’ Bill of Rights, which includes protections for personal possessions and freedom from financial abuse.
• Florida: Includes specific rights for access to immediate family visits and participation in religious or social activities.
• New York: Grants residents the right to organize and participate in family councils to discuss facility operations and policies.

Families should familiarize themselves with their state’s nursing home laws to ensure comprehensive protection for their loved ones.

Common Violations of Nursing Home Rights

Despite the robust legal framework, violations of nursing home rights remain alarmingly common. Some examples include:

• Neglect of Basic Needs: Failing to provide adequate food, water, or hygiene care.
• Emotional Abuse: Intimidation, humiliation, or isolation of residents.
• Financial Exploitation: Misusing or stealing residents’ funds or personal property.
• Improper Use of Restraints: Employing physical or chemical restraints without medical justification.
• Medical Neglect: Failing to address health conditions, administer medication, or respond to medical emergencies.

Steps to Take if Nursing Home Rights Are Violated

If you suspect a violation of a loved one’s rights in a nursing home, swift action is essential. Here’s how to address the issue:

Document the Incident

Write down details of the suspected violation, including dates, times, and names of those involved. Take photographs or videos of physical evidence, such as injuries or unsafe living conditions.

File a Complaint with the Facility

Communicate your concerns with the nursing home administrator or ombudsman. Request a written response to your complaint.

Report to Regulatory Authorities

Each state has a long-term care ombudsman program and a regulatory agency responsible for overseeing nursing homes. File a report to these organizations.

Contact Morgan & Morgan

If the issue persists or results in harm to the resident, consult a qualified attorney. Firms like Morgan & Morgan specialize in nursing home abuse and neglect cases, helping families secure justice and compensation.

Preventing Nursing Home Rights Violations

While legal recourse is critical, prevention is equally important. Families can take proactive steps to reduce the risk of abuse or neglect:

• Research Facilities Thoroughly: Look for facilities with high ratings from the Centers for Medicare & Medicaid Services (CMS).
• Visit Regularly: Regular visits allow you to monitor your loved one’s care and living conditions.
• Stay Informed: Educate yourself on residents’ rights and the facility’s policies.

Are nursing homes legally responsible for violations of the Nursing Home Residents Bill of Rights?

Yes, nursing homes can be held legally responsible for any violations committed by their staff members under several legal theories, depending on the circumstances. These facilities have a duty to provide safe and adequate care for their residents, and failing to do so can lead to legal liability. 

Here’s how and why nursing homes may be held accountable:

Negligent Hiring and Supervision

Nursing homes are responsible for hiring qualified and trustworthy staff. They may be liable if abuse occurs due to:

• Failure to Conduct Background Checks: Hiring staff with histories of violence, abuse, or neglect.
• Lack of Proper Training: Failing to equip employees with the knowledge to handle residents appropriately.
• Inadequate Supervision: Allowing staff to work unsupervised in ways that lead to harm.

Vicarious Liability

Under the legal principle of vicarious liability, employers can be held responsible for the actions of their employees if the abuse occurs within the scope of employment. If a staff member abuses a resident during work-related activities, the nursing home may be legally accountable.

Negligence in Policies and Procedures

Nursing homes are obligated to implement policies to prevent and address abuse. They may be liable if they:

• Ignore Complaints: Failing to investigate or respond to reports of abuse.
• Provide Inadequate Staffing: Understaffing, which can lead to neglect or overburdened employees who act out of frustration.
• Lack Proper Monitoring: Not using surveillance or other oversight measures to detect abuse.

Breach of the Nursing Home Residents’ Bill of Rights

Many states have a Nursing Home Residents’ Bill of Rights that guarantees residents a safe and dignified living environment. Violating these rights, such as failing to protect residents from harm, can result in legal consequences.

State and Federal Regulations

Nursing homes must comply with federal regulations like the Nursing Home Reform Act and state laws governing long-term care facilities. Abuse or neglect often constitutes a violation of these regulations, leading to investigations, penalties, and potential lawsuits.

Who enforces the Nursing Home Bill of Rights?

The rights are enforced by state and federal agencies. The Centers for Medicare & Medicaid Services (CMS) oversees compliance for facilities participating in Medicare or Medicaid. Additionally, state regulatory agencies and long-term care ombudsman programs address violations and complaints.

Can a nursing home evict a resident without notice?

No, evictions must comply with specific rules. A facility may only discharge a resident under certain circumstances, such as non-payment, significant care needs beyond the facility's capabilities, or safety concerns. Residents must receive written notice 30 days in advance, and the discharge must be done in a safe and orderly manner.

What are my loved one's privacy rights in a nursing home?

Residents are entitled to:

• Private communications (phone, mail, and visitors).
• Confidential medical records.
• Personal privacy during medical exams, bathing, and other activities of daily living.

Are physical restraints allowed in nursing homes?

Physical and chemical restraints are only allowed if they are medically necessary and prescribed by a doctor. They cannot be used as a form of punishment or for staff convenience. Improper use of restraints is a violation of federal law.

How do I know if a nursing home provides quality care?

To ensure your aging loved one is in good hands, you can check the facility’s rating on the CMS Nursing Home Compare website. If the facility has an excellent rating, you should then see the residences and staff for yourself. Visit the facility in person to observe the environment, cleanliness, and staff behavior. Feel free to talk to current residents and their families about their experiences.

Can a nursing home retaliate if I file a complaint?

No, retaliation is strictly prohibited under federal law. Nursing homes cannot discriminate, punish, or take adverse actions against residents or families who voice complaints or report violations.

How can I ensure my loved one’s safety in a nursing home?

Regular visits, monitoring their physical and emotional well-being, and staying informed about their care are key. Also, understand their rights under the Nursing Home Residents’ Bill of Rights.

Elder abuse is a heartbreaking violation of trust and dignity. By knowing the signs, understanding the law, and seeking help when needed, you can protect your loved ones and ensure they receive the care they deserve. 

In the most difficult moments of your life, Morgan & Morgan has your back. The mistreatment of your loved one shouldn’t go unpunished, and we’re here to help you hold the responsible party accountable for their actions. Our compassionate attorneys have years of experience with cases just like yours and will fight tirelessly for the rights of you and your family.

If you believe someone you love has been a victim of elder abuse, Morgan & Morgan is here to help. Contact us today for a free case evaluation.

How Morgan & Morgan Can Help

With decades of experience advocating for vulnerable populations, Morgan & Morgan is dedicated to holding negligent nursing homes accountable for violating the Nursing Home Residents Bill of Rights. 

As the largest personal injury law firm with offices in every state across America, we understand the complexities of federal and state regulations governing nursing home care.

And since we believe justice should be accessible to all, we charge no upfront fees. That’s right—the Fee Is Free™, and you only pay if we win your case.

The Nursing Home Bill of Rights is a vital safeguard for one of the most vulnerable populations in our society, but when those we trust to care for our loved ones violate these rights, families can better protect their loved ones and hold facilities accountable when violations occur.

If your loved one’s rights have been compromised, don’t hesitate to contact Morgan & Morgan to take action. At Morgan & Morgan, we’re committed to fighting for the dignity, safety, and well-being of nursing home residents. Contact us today for a free case evaluation and let us help you ensure justice for your family.