What Rights Do Nursing Home Residents Have?

When a family places a loved one in a nursing home, it’s about more than finding a room—it’s about trusting the facility to deliver care with dignity and compassion. That trust isn’t just emotional; it’s backed by law. Under both federal and state regulations, nursing home residents are entitled to specific rights and protections that facilities must uphold.

At The Higgins Firm, we know how powerful it is when families understand these rights. Knowledge gives them the tools to advocate, spot problems early, and demand the quality nursing home care their loved ones deserve.

Let’s take a closer look at the essential protections every resident should have—and why enforcing those rights matters.

Federal Rights Under the Nursing Home Reform Act

The cornerstone of resident rights comes from the 1987 Nursing Home Reform Law—a pivotal piece of legislation that applies to any nursing home participating in Medicare or Medicaid. It sets a clear standard: nursing homes are required to care for residents in a way that helps them maintain or enhance their dignity, health, and overall quality of life.

Residents Have a Right to Be Free from Abuse

Every nursing facility has a duty to protect its residents from harm. This includes more than physical injuries. It means protecting them from emotional manipulation, chemical overuse, and threats that rob them of safety and peace of mind.

Residents must be protected from:

• Physical, sexual, or mental abuse
• Verbal abuse and coercion
• Chemical restraints used for convenience, not necessity
• Corporal punishment and involuntary seclusion

Any failure to prevent these actions isn’t just a moral failure—it’s a violation of federal and state laws. Facilities that break these rules can face penalties, sanctions, and even lawsuits.

The Right to Privacy, Dignity, and Respect

Residents have the right to live with dignity, free from unnecessary interference in their private lives. Whether it’s taking a shower, receiving care, or simply making a phone call, those moments belong to them—not the facility.

Facilities must ensure:

• Privacy during medical care and daily activities
• Confidentiality of medical and personal records
• Unmonitored telephone use
• Private visits with family, friends, or physicians
• The ability to send and receive mail without interference
• The right to keep and use personal belongings, as space allows

These aren’t optional courtesies. They are legal protections rooted in the belief that every resident must be treated with respect and be allowed to maintain their identity and independence.

The Right to Self-Determination

Living in a care facility shouldn’t mean giving up control over one’s own life. Under the law, residents have the right to make choices about their care, schedules, and personal preferences—because residents have a right to remain themselves.

This includes the right to:

• Choose their physician
• Participate in creating their care plan
• Review all personal medical records
• Manage their own finances (if capable)
• Decide daily routines—what to eat, when to wake, how to spend time
• Organize or join resident councils

This right to self-determination is central to a person’s psychosocial well-being, and facilities must honor it.

Medical Care Rights

Receiving medical care in a nursing home doesn’t mean giving up the right to ask questions or say “no.” Residents are legally entitled to medical services that support the highest practicable physical and mental health—and that includes choice, transparency, and consent.

Here’s what the law provides:

• A right to refuse medications or treatments
• Pain management appropriate to their needs
• Freedom from unnecessary drugs
• Clear explanations of treatment options in a language they understand
• Access to services that support physical and psychosocial well-being

These protections ensure residents remain active participants in their healthcare—not passive recipients.

The Right to Information and Communication

Whether it’s knowing who to call or understanding what to expect, nursing home residents are entitled to clear, timely, and complete information. Facilities are required to give every resident—and their representative—access to information that empowers them to make choices about care.

Residents have the right to:

• Receive all rules and policies in writing
• Be notified in advance of room or roommate changes
• Review the latest state inspection reports
• Present grievances without fear of retaliation
• Contact the state long-term care ombudsman program
• Join family councils or other advocacy groups
• Stay updated on changes in their condition and care

When facilities fail to provide this information, they not only violate the law—they undermine a resident’s ability to protect their own well-being.

Transfer and Discharge: What Residents Need to Know

Getting told to leave a nursing home—sometimes with little warning—can be one of the most stressful moments for residents and families. But the truth is, facilities can’t just remove someone on a whim. Federal and state laws give residents specific rights that protect against arbitrary or retaliatory transfers or discharges.

A resident can only be transferred or discharged if:

• Their condition has improved and they no longer need nursing home care
• The facility can no longer meet their care needs
• The resident poses a danger to others’ safety or health
• The care facility is closing
• The resident hasn’t paid, after reasonable notice

In any of these situations, the resident has the right to:

• Receive 30 days’ written notice, including the reason, effective date, and new location
• Appeal the decision through the state
• Be prepared and supported for a safe transition

These protections exist for a reason: to prevent residents from being pushed out due to inconvenient behavior, high needs, or speaking up.

State Laws May Offer Even More Protection

While federal law sets a baseline, individual states often go further in protecting the rights of nursing home residents. If you’re only looking at the federal rules, you might be missing important safeguards already available in your state.

Depending on where you live, your state may offer:

• Stricter staffing ratios
• Additional discharge protections
• Expanded visitation rights for family and friends
• Better access to state agencies and advocacy support
• Higher standards for the quality of care and services provided

These laws vary, but they’re enforceable. Residents and families who understand them are in a much stronger position to push back when something isn’t right.

The Ombudsman: A Voice That Stands With You

When something feels off and you’re not getting answers, the long-term care ombudsman can step in. Every state has one. Their job is to protect residents, support families, and hold nursing homes accountable when they fail to meet their obligations.

The ombudsman program can help by:

• • Investigating resident complaints confidentially
  • Visiting care facilities to monitor conditions
  • Mediating disputes between residents and staff
  • Explaining resident rights in plain language
  • Helping report serious concerns to the right agency

They don’t work for the nursing home—they work for the resident. And their help is always free, whether you’re a resident, a family member, or a representative trying to do the right thing.

When Rights Are Violated, Here’s What to Do

If your loved one’s resident rights are being violated—whether it’s unsafe care, neglect, or an improper discharge—you don’t have to accept it. Here’s where we tell families to start:

Step 1: Talk to the Facility

Use the internal grievance process. Many problems can be solved when addressed clearly and early.

Step 2: Call the Ombudsman

If nothing changes, reach out to the state long-term care ombudsman. They can investigate, advocate, and mediate.

Step 3: File a Complaint with the State

For serious issues, file a formal complaint with the health or licensing agency in your state. They can inspect the facility and issue penalties.

Step 4: Consider Legal Action

If your loved one has been harmed—physically, emotionally, or financially—it may be time to speak with an attorney about pursuing a claim.

When something feels wrong, don’t wait. These protections exist so residents can live with dignity, safety, and respect—and it’s absolutely okay to demand that standard be met.

Helping You Stand Up When Something Feels Off

Knowing your loved one has rights in a nursing home is important—but knowing is only part of it. We’ve seen over and over again that it’s the families who stay involved, who speak up, who keep asking questions—that’s what truly makes a difference.

At the The Higgins Firm, this is the work we do every day. We’ve helped families push back when a care facility crosses the line and know how to get answers when no one else seems to be listening.

If something doesn’t feel right, trust your gut. Contact us today. We’ll listen and help you figure out what to do next. Sometimes, that conversation is all it takes to start turning things around.