The Bill of Rights for Nursing Home Residents

If you’re in a nursing home – or have a loved one in a nursing home – you will probably be happy to know that you have certain rights. Rights that protect your privacy, your autonomy, and your basic human dignity. The problem is, rights are only helpful if you’re aware of them; if you don’t know that you have rights – or where to turn in the event your rights are violated – the rights aren’t worth much.

Most of these rights are found in the Nursing Home Reform Act (NHRA). The NHRA is a federal law that Congress passed in 1987 as part of the Omnibus Budget Reconciliation Act. Its official citation is 42 United States Code section 1396r.

So, now you know where to find the law. Of course, that’s of little help, and Congress realized that there is a difference between giving someone rights and making sure that those rights are made known to those for whom the rights were designed to benefit.

In order to make help accessible to nursing home residents, Congress requires each state that seeks federal funding for the protection of the vulnerable elderly to establish and operate a Long-Term Ombudsman Office. New Jersey has responded by establishing the office of the Ombudsman for the Institutionalized Elderly. Currently, a gentleman named William Isele serves as the Ombudsman. Mr. Isele can be reached at 609-943-4023.

The NHRA’s bill of rights includes the following:

Freedom of Choice. Residents have the right to choose their own doctor and to participate in medical decisions;

Freedom from Abuse and Restraints. Residents have the right to be free of chemical or physical restraints, unless medically necessary for their safety or the safety of other patients pursuant to the order of a physician. The physician’s order must be specific as to the circumstances and duration of the restraints;

Privacy. A resident has privacy rights regarding his or her accommodations, medical treatment, communications, and visits;

Confidentiality. All records, both personal and clinical, of a resident must be kept confidential. Furthermore, a resident, or the resident’s legal representative, has the right to gain access to a resident’s records within 24 hours of making a request for access;

Accommodation of Individual Needs. The facility must provide services that accommodate the individual’s needs and preferences. The facility must be maintained in a safe, clean, and comfortable manner. The resident must be notified before being moved to a new room or assigned a new roommate;

Grievances. Residents have the right to air their grievances without the fear of retaliation;

Participation in Groups and Other Activities. A resident has the right to organize and participate in social and religious groups;

Examination of Survey Results. Upon request, a resident may examine the most recent official survey results for the facility, as well as any plan that the facility may have proffered to the State to correct any deficiencies;

Access to Visitation Rights. Residents have a right to access to government representatives, physicians, and other health-care providers. The facility must provide reasonable access to telephones. Married couples have the right to share a room. All residents have a right to retain and use a reasonable amount of personal possessions.

Services Included in Medicare and Medicaid Payment. Facilities are prohibited from charging residents for items that are covered by Medicare or Medicaid payments.

This bill of rights is only part of the rights available to a nursing home resident. If you believe that your rights – or the rights of a loved one – are being violated by a long-term care facility, contact the state ombudsman.