Federal Law Requirements for Nursing Homes
Federal law requires a nursing home to care for its residents in a way that promotes their quality of life (42 USC §1395i–3). The Administration on Aging adds that residents must be treated with respect and dignity. Rights of a nursing home resident under federal law include:
- freedom from physical or chemical restraints imposed merely for discipline or the convenience of the nursing home (examples: vests, hand mitts, sedating medications);
- freedom to voice grievances without retaliation, including filing complaints with the state nursing home certification authority;
- management of one’s own finances;
- association with individuals of one’s own choice;
- privacy with regard to accommodations, medical treatment, written and telephone communications, visits, and meetings of family and of resident groups;
- participation in resident groups in the facility, and in social, religious, and community activities;
- confidential handling of personal and medical records, and access to these records;
- receipt of information prior to admission about rights, available services and charges; and
- advance notice of transfer or discharge, and protection against unfair eviction.
A personal care plan must be provided for the nursing home resident by a doctor and the nursing home staff. The nursing home must provide services for both prevention and treatment of illness, helping the resident to maintain as much independence as possible. Services include physical and occupational therapy, vision and hearing care, injections, colostomies,and medication. A resident has the right to “receive services with reasonable accommodation of individual needs and preferences” (42 CFR §483.15(e)).
Various states have passed laws that implement these rights and add new ones. In California, for example, specific laws and regulations cover licensing, service requirements, physical facility requirements, staffing requirements, and penalties for nursing home violations.
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