Nursing Home Residents Have Rights

There’s a lot of guilt that can come with the decision of moving your loved one into a long-term care community such as an assisted living or nursing home community. It’s important for me to mention that everyone’s caregiving experience is unique. Some people are able to care for their loved ones at home, but you may not have the medical experience, the physical and mental strength, the money, or the time needed to make sure your loved one would have a good quality of life in being cared for at your home.

There are also situations where the older loved one may have been very abusive and you could not bear to take care of them every day and relive that trauma. If this sounds like you, you’re not alone. Do not feel guilty! Also, the United States is not really set up to support family caregivers. In the United States, family caregivers are often expected to provide a great deal of unpaid labor while also having to give up their job that is their only source of income.

I do support families when they want to explore options to keep their older loved one at home and I also provide support when a long-term care community is the best option.

The purpose of this blog is to inform you of your options when considering long-term care and to let you know that there are protections in place to help your loved one have a better quality of life. For example, there are long-term care Ombudsman, whose services are free and government funded, and their job is to help you protect your loved one’s rights and settle disputes when management and staff are not honoring the resident’s rights. That’s right. You have specific rights that protect you when you move into a long-term care community.

There are some differences between rights in a nursing home and rights in an assisted living community.

Nursing homes that accept Medicare or Medicaid must follow federal resident rights under the Nursing Home Reform Act (OBRA ’87).

• Dignity and respect

• Freedom from abuse and neglect

• Participation in care planning

• Privacy and confidentiality

• Visitation rights

• Grievance rights (including access to the Ombudsman)

• Protections around discharge and transfer

There is no single federal law governing assisted living resident rights. Assisted living is regulated almost entirely at the state level. Even with variation, most states include some version of:

• The right to dignity and respect

• Freedom from abuse, neglect, and exploitation

• Privacy

• Participation in care decisions

• The right to voice complaints without retaliation

• Access to the Long-Term Care Ombudsman

How enforceable those rights are and what happens when they’re violated depends heavily on state law.

You should be able to see a list of resident rights, as well as the local Ombudsman’s contact information, clearly displayed in each assisted living and nursing home community. You and your loved one deserve to have care with dignity and respect.

If you need help in improving the quality of life of your older loved one, call AgeWell Advocacy at 803.486.5322.