What Are a Resident's Rights in a Nursing Home?
If you are a nursing home resident, a prospective resident or a family member of a nursing home resident, it is important to know the rights of a resident. Remember that you, as a resident, do have rights. You are entitled to be treated with dignity and care.
If a nursing home abuses a resident's rights, contact an attorney committed to helping seriously injured people and the families of wrongful death victims. Call the lawyers at Snyder & Wenner in Phoenix, Arizona, for a free consultation.
Nursing Home Residents' Basic Rights
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Arizona nursing homes are licensed by the Office of Long-Term Care, which is part of the Arizona Department of Health Services. To help ensure that residents' basic rights are protected and that residents are not victims of negligence or abuse, that office has published nursing home resident rights that meet federal and state statutes, rules and regulations. That list is summarized here.
Nursing Home Residents’ Basic Rights
- To be treated with dignity, respect and in full recognition of your individuality
- Dignified existence and self-determination
- The right to be free
Nursing Home Admission Rights
- The nursing home must inform you or your representative of all resident rights and of its governing rules in a language or manner that you understand.
- The nursing home must provide you with written notice of any entitlement to AHCCCS benefits and how they can be applied for.
- A nursing home cannot require you to pre-pay or make cash deposits if you are covered by Medicare or other government programs
Freedom from Restraint and Abuse
- As a nursing home resident, you have the right to be free from chemical and physical restraints that are not used to treat medical symptoms.
- The home and its staff cannot allow verbal abuse, physical abuse, mental abuse, sexual abuse, corporal punishment or involuntary isolation.
- When exercising your rights, the nursing home cannot retaliate with interference, discrimination, coercion or reprisal.
Visits, Privacy, Confidentiality Rights
- Residents are entitled to privacy in their rooms and during visits, medical treatment and phone calls.
- Medical and financial records must be treated confidentially.
- You must have access to persons providing health, legal, social and other services.
Quality of Life Rights
- Residents are entitled to submit grievances without restraint.
- Residents must be able to contact client advocates and receive information from them.
- Residents are entitled to immediate access to communicate with any individuals, agencies or organizations.
- Residents can select health care, activities and schedules of their choice.
- Nursing home residents have the right to participate in resident and family groups, social events and religious and political activities.
Living Accommodations and Care Rights
- Residents are entitled to share a room with a spouse if the spouse agrees and if space is available.
- Resident must be given notice before a room or roommate change takes place.
- Residents can refuse a room transfer that is for relocation purposes only.
Money and Possession Rights
- Residents are entitled to manage their own finances.
- Residents cannot be required to deposit personal funds with the nursing home.
- Residents can authorize the nursing home to manage their funds and are entitled to see regular reports concerning those funds.
- Residents have the right to use and retain personal possessions.
Medical Care and Treatment Rights
- A resident has a right to receive services that reasonably meet the resident's needs and preferences.
- The resident should be fully informed about medical conditions and overall health status.
- You have the right to choose your own doctor.
- You can help plan and choose your care and treatment.
- You can refuse treatment, even if you previously consented to it. In other words, you have the right to change your mind.
- You have the right to access your records within 24 hours and purchase copies of those records within 48 hours.
- You can select your own pharmacy as long it is in compliance with facility standards
- You have the right to refuse any participation in experimental research.
If you suspect your legal rights or the rights of a loved one are being violated, please contact our law firm for a free consultation. If the nursing home is outside of Arizona, we can represent and fight for you from our Phoenix office.
