When you become a resident in a senior living community, you are guaranteed certain rights. These rights help keep you safe, healthy, and respected; they also help community leaders choose policies and protocols that put residents first. Here is what you need to know about residents’ rights and what to do if you feel your or your loved one’s rights have been violated.
Federal residents’ rights
The Nursing Home Reform Law of 1987 established general residents’ rights on the federal level. These residents’ rights support dignity, choice, and self-determination. You will find residents’ rights in skilled nursing facilities (sometimes called nursing homes), memory care communities, and assisted living communities. Many independent living communities also have residents’ rights that apply to the seniors who live there.
Senior living communities must post residents’ rights and give new residents a copy when they move in. Residents will also be reminded of their rights throughout the year, typically during all-resident meetings or resident council gatherings.
Any senior living community that accepts payments from Medicare and/or Medicaid must post and follow these residents’ rights, including the right to:
- •Be fully informed.
- •Make complaints.
- •Participate in one’s own care.
- •Have privacy and confidentiality.
- •Be treated with dignity and respect and have freedom.
- •Have visits.
- •Make choices.
State residents’ rights
Many states have their own residents’ rights and corresponding regulations surrounding them. States with their own residents’ rights use federal rights as a guideline, adding to them as necessary.
Specific state residents’ rights might include the right to:
- •Be free from all abuse.
- •Choose when you’d like to go to bed or wake up.
- •Have privacy; caregivers must knock and receive your permission before entering your home.
- •Have family and friends visit you in your home.
- •Send and receive mail promptly.
What to do if your rights are violated
There might be a time when you feel that a right has been violated. If that happens, you do have steps for moving forward. The first step would be speaking with a leader at the senior living community. Typically, this person would be a social services director or administrator. You can freely and candidly give your side of what happened.
You may have to fill out a grievance form, which will put your concern in writing and begin the process of an investigation. A grievance form is a crucial part of the investigation process, as it not only documents your concern but also allows staff to look into what happened and document their responses. Once the investigation is complete, the community representative will contact you with their findings and instruct you on any follow-up steps.
If you don’t want to fill out a grievance form because you feel uncomfortable doing so, you can work with your local long-term care ombudsman.
Your ombudsman, your advocate
A long-term care ombudsman is an advocate for residents at long-term care facilities. The position was federally mandated through the Older Americans Act. An ombudsman is not affiliated with or employed by any senior living community. Instead, they are community members trained to promote quality of life and quality of care for residents in long-term care facilities.
You can find your local ombudsman by asking a staff member in your community or by looking for their posted contact information. You might also meet your local ombudsman when they visit your community, which they often do; they do not need to advocate for a specific complaint to visit.
Your ombudsman can file a grievance on your behalf and advocate for your best interests during the process. They are there to help you and your fellow residents.
Filing a complaint with the state
If you believe your rights are being violated, you can also anonymously file a complaint with your state department of public health. You can call a hotline number and give information about your concern. The state will then begin an investigation that will include a visit to the community to look for documentation and to see how well the community is following state and federal regulations. You will receive follow-up contact after the investigation concludes so that you know the outcome.
Hiring an attorney
If you feel an investigation did not adequately address your concerns, you also have the right to seek an elder law attorney. Your attorney might suggest seeking compensation from the senior living community and filing the appropriate suit. During this time, your senior living community staff members are not allowed to treat you any differently or retaliate in any way.
Every resident of a long-term care community is guaranteed certain rights to protect their health, freedom, privacy, and well-being. Facilities have a moral and legal obligation to uphold these rights. This guide serves as an overview of residents’ rights, but be sure to research the residents’ rights specific to your state. The first step to ensuring your rights is to understand them and to know you have recourse if you feel they have been violated.
