Rights of Nursing Home Residents

Residents of nursing homes have certain rights and services established by the Nursing Home Reform Act of 1987. Nursing homes that receive federal funds are required to comply with this law.

The Nursing Home Reform Act is part of the Omnibus Budget Reconciliation Act of 1987 and was the result of a 1986 study. This study was conducted at the request of the U.S. Congress by the Institute of Medicine and found that residents of nursing homes were being abused, neglected and given inadequate care. After the findings, the Institute of Medicine proposed major reforms within the nursing home industry and most of the proposed changes became law in 1987.

This law is designed to protect nursing home residents and to ensure that they are receiving quality care, which will help them achieve or maintain their “highest practicable” physical, mental and psychosocial well-being. To accomplish this objective, the Nursing Home Reform Act requires that nursing homes provide certain services to each resident. It also sets minimum standards of care and rights for people living in certified nursing facilities.

The law changed the way that inspectors approached visits to nursing homes. States now conduct unannounced surveys, including resident interviews, periodically throughout a 15-month time span. These surveys focus on residents’ rights, quality of care, services provided and quality of life.

Under the Nursing Home Reform Act, nursing home facilities must provide the following services:

• Regular evaluations for each resident
• A complete care plan
• Nursing services
• Social services
• Rehabilitation
• Pharmaceutical care
• Dietary services
• Full-time social worker if there are more than 120 beds

The Nursing Home Reform Act also created rights for nursing home residents. These rights are as follows and are posted on AARP’s website:

• The right to freedom from abuse, mistreatment, and neglect;
• The right to freedom from physical restraints;
• The right to privacy;
• The right to accommodation of medical, physical, psychological, and social needs;
• The right to participate in resident and family groups;
• The right to be treated with dignity;
• The right to exercise self-determination;
• The right to communicate freely;
• The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
• The right to voice grievances without discrimination or reprisal.

If a nursing home that is receiving federal funds fails to meet the requirements set forth by the Nursing Home Reform Act, then a deficiency is issued. The remedy for a deficiency depends on its severity. For example, if the deficiency puts the residents in jeopardy, the sanction may be more severe.

Nursing home neglect or abuse should not be tolerated. If you suspect nursing home abuse of a family member, contact Weisberg & Zaleski, P.C. at (800) 690-0235.

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112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
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