Nursing home residents are protected by federal and state laws. For example, the Nursing Home Reform Act of 1987 guarantees resident rights, which is often called the nursing home bill of rights. This includes protections against all types of nursing home abuse and neglect. Understanding these laws helps families advocate for loved ones and take action if a facility violates nursing home residents’ rights.
1. Nursing Homes Can’t Abuse Residents
Nursing homes are prohibited from abusing residents. Nursing home abuse is illegal, and administrators may face fines or criminal charges if it occurs in their facility.
Nursing home abuse can include:
- Emotional
- Financial
- Physical
- Sexual
Each type of nursing home abuse has its own signs and causes, but all forms are strictly prohibited by law — no nursing home is ever allowed to harm its residents.
Residents with physical or cognitive impairments are more likely to be abused. Residents with Alzheimer’s disease or other forms of dementia are especially vulnerable.
2. Nursing Homes Cannot Neglect Residents
Nursing home neglect occurs when a facility fails to provide proper care to residents, such as withholding necessary medication or leaving residents in soiled clothing.
The World Health Organization reports that 12% of nursing home staff admitted to neglecting residents. Further, roughly 12% of residents said they suffered neglect in the same study.
The Nursing Home Reform Act of 1987 prohibits neglect, ensuring residents receive the care they need. This law holds nursing homes accountable and prevents them from sacrificing care quality to save costs.
3. Nursing Homes Can’t Withhold Proper Care and Treatment
A nursing home cannot refuse to provide necessary care, medication, or treatment outlined in a resident’s care plan. For example, if a resident requires a specific treatment for their health, the nursing home cannot provide a less effective option solely to save money.
This differs from neglect, as it requires the nursing home to follow the prescribed care plan and provide appropriate treatment. Federal law guarantees all residents the right to proper care and treatment in nursing homes.
Understanding what nursing homes cannot do helps families protect their loved ones from abuse and neglect. If someone you love has been harmed in a nursing home, you may have legal options.
Get a free case review right now.
Fight back against nursing home abuse and neglect — start now with a free case review.
Start My Free Case Reviewor call (855) 264-6310
4. Nursing Homes Can’t Violate a Resident’s Privacy
Nursing home residents may have various reasons for requiring care, but they are always entitled to privacy during their stay.
While nursing home staff may want to enforce rules in a way they prefer, federal law states that they must respect the privacy of each resident. Plus, a staff member repeatedly violating the privacy of a resident could be a sign of abuse.
5. Nursing Homes Can’t Make Decisions for a Resident
Regardless of a resident’s mental or cognitive condition, nursing homes cannot make decisions on their behalf without proper authorization. Residents or their legally designated representatives must remain in control of choices regarding their care.
For instance, staff cannot make medical decisions without proper approval. That could easily lead to medical errors in the nursing home, which could put lives at risk.
6. Nursing Homes Can’t Prevent Complaints From Residents
There are many reasons why a nursing home resident may want to make a complaint. Making a complaint about their living situation or how they’ve been treated by staff is a right given to residents by law.
Nursing homes are required to have a system in place for receiving complaints from residents.
This allows the staff to take action and prevent injuries and other problems in the nursing home before they become worse.
Nursing homes commonly accept complaints in the following ways:
- Calling a designated phone number for grievances and complaints
- Sending an email to the nursing home administrator for resident concerns
- Speaking directly with staff and requesting a private meeting
- Submitting complaints anonymously through a suggestion box
While the process for submitting complaints may vary by nursing home, each facility should have a set method.
7. Nursing Homes Can’t Abandon Residents When Closing
This rule covers how nursing homes handle residents during a permanent closure.
When a nursing home closes for good, the Elder Justice Act guarantees certain rules it must follow.
The 60-day closure rule states that a nursing home must give a written notice to each resident when they plan to close the facility.
In addition to giving 60-day notice, the nursing home staff must also explain how residents are finding new places to live. This ensures the facility remains accountable and prioritizes residents’ care over its own interests.
The 60-day closure rule prevents a nursing home from closing suddenly, leaving their former residents stunned and confused with nowhere to go. Nursing home residents are often vulnerable, and this rule protects them from abandonment.
8. Nursing Homes Can’t Hire High-Risk Staff
The hiring process is particularly important for nursing homes. Staff in a nursing home cannot have a history of violence, crime, or other volatile behavior.
Thanks to a rule guaranteed by the Elder Justice Act, nursing homes must maintain an employee background check database to ensure they’re hiring the best possible employees with no red flags suggesting that they’re violent or abusive.
Maintaining a background check database ensures hiring accountability. For example, if an employee commits a crime, authorities can verify whether that person has a history of violence.
Understaffing is a major cause of issues in nursing homes throughout the U.S., resulting in issues like abuse, neglect, and hiring underqualified candidates.
9. Nursing Homes Can’t Isolate Residents from Visitors
Some nursing home administrators may want to control who visits to make management easier, but they can’t. Residents have the right to see any visitor at any time, as long as it doesn’t disturb others.
This rule was added from 2016-2019 from the Medicare and Medicaid Programs; Reform of Requirements for Long-Term Care Facilities.
Isolation, whether from visitors, friends, or other people at the nursing home, is a type of emotional abuse. Though it leaves no physical marks, emotional harm can be just as devastating to residents.
About 60% of nursing home residents get no regular visitors, according to the National Center for Health Statistics. Remember that anyone can volunteer to visit a nursing home.
10. Nursing Homes Can’t Control Residents’ Finances
A nursing home can’t make any decisions resulting in payments or changes to a resident’s financial accounts. This includes processing payments or accessing bank accounts without permission.
Many nursing home residents are vulnerable, making it easier for staff to make unauthorized financial changes without their knowledge. This is financial nursing home abuse.
By law, residents have the right to manage their own finances without interference from staff.
Get Legal Help for Nursing Home Violations
These ten rights are just a few of the protections nursing home residents are guaranteed. When abuse or neglect occurs, outside help may be necessary to hold the facility accountable.
If your loved one was abused or neglected, you may be able to seek a nursing home abuse settlement to get the justice your family deserves.
Call us right now at (855) 264-6310 or get a free case review to find out if your family could be entitled to compensation.
