Nursing Home Resident Rights | Protections Under Federal Law

What Are Nursing Home Residents’ Rights?

Nursing home resident rights ensure people living in long-term care facilities are treated with dignity and respect. These rights are designed to safeguard residents’ well-being, provide a voice in care decisions, and prevent nursing home abuse and neglect.

When a facility violates nursing home resident rights and causes harm, families may be able to take legal action. Filing a lawsuit is a way to hold the facility accountable and seek compensation for medical care, relocation, or other costs.

“A lawyer for nursing home neglect can listen to your concerns and help determine if your loved one’s rights may have been violated.”

— Ricky LeBlanc, nursing home abuse attorney

Our trusted legal partners have helped victims recover over $314 million for nursing home abuse and neglect, and they may be able to help your family, too.

Get a free case review to see if we can connect you with a skilled nursing home attorney who can fight for justice on your behalf.

List of Nursing Home Resident Rights

Facilities are required to provide each resident with a written notice of nursing home resident rights before admission, and residents must be given the opportunity to acknowledge receipt.

The Centers for Medicare & Medicaid Services (CMS), the federal agency that oversees nursing homes, sets and enforces these protections. Learn more about nursing home residents’ rights below.

Right to Dignity and Respect

Residents have the right to be treated with dignity at all times. They may make personal choices about daily routines, including when to sleep, eat, and take part in activities.

Right to Participate in Activities

Nursing home resident rights include the ability to take part in social and community activities that support their interests and needs. Residents also have the right to decline any activity they do not wish to join.

Right to Be Free From Discrimination

Nursing home resident rights protect individuals from discrimination based on race, color, religion, sex, sexual orientation, gender identity, disability, or source of payment.

Facilities must comply with federal civil rights laws, but they are not required to admit every applicant if they cannot meet that person’s medical needs or have no available space.

Right to Be Free From Abuse or Neglect

Nursing home resident rights guarantee protection from all forms of abuse and neglect. Facilities must act immediately to report and investigate any allegations, and residents must be kept safe during that process.

These are 5 types of nursing home abuse and neglect:

Physical abuse: Hitting, pushing, or handling residents roughly, leading to injury
Sexual abuse: Any unwanted sexual contact or assault
Neglect of basic needs: Failure to provide food, water, hygiene, or medical care
Financial abuse: Misuse or theft of a resident’s money or property
Verbal or emotional abuse: Threats, insults, or humiliation

These protections ensure that residents live in a safe environment and that any concerns are taken seriously without delay.

If your loved one shows signs of abuse, you may need legal help. Start by getting a free case review to understand your options.

Worried About Nursing Home Abuse or Neglect?

When you're ready to act, here’s what to expect:

1. Spot Red Flags Before It’s Too Late
Look for bedsores, confusion, weight loss, fear, or silence.
2. Reach Out to Our Team, Day or Night
Speak with a trained advocate who listens and understands.
3. Our Legal Partners File Your Lawsuit
We handle the paperwork and figure out who’s responsible.
4. You Get Help — and Money If We Win
Receive financial compensation and get justice.

Right to Be Free From Restraints

Residents cannot be restrained physically or with medications used as chemical restraints for discipline or staff convenience.

Federal regulations require that chemical and physical restraints only be used when medically necessary, with physician involvement, ongoing monitoring, and documentation. CMS also makes clear that drugs should never be used in place of proper care.

Right to File Complaints

Residents may report nursing home abuse or concerns about their care, the facility, or staff without fear of retaliation. Nursing homes are required to respond to grievances promptly and take steps to resolve them.

Right to Receive Adequate Medical Care

Nursing home residents’ rights include access to appropriate medical treatment and the ability to take part in their own care decisions.

Nursing home residents have the right to:

Create advance directives, such as a living will
Help create and update their plan of care
Refuse treatment, including participation in experimental procedures
Review their medical records upon request
Select their own attending physician or other health care providers
Stay informed about their health condition and medications

When facilities fail to provide adequate medical care and a resident is harmed, it may be considered medical malpractice, as well as a violation of nursing home resident rights.

Right to Have Doctor or Family Notified

Nursing home residents have the right to have their doctor and family notified right away if they experience an accident, a life-threatening medical condition, or a significant decline in health.

Notification is also required when there is a major change in the care plan or if the resident is being transferred or discharged.

If your loved one has been harmed, you may be able to seek justice. Do not wait to act — get your free case review now.

Right to Receive Information

Nursing home residents have the right to clear, written information about services and costs before admission. Facilities must also post or provide details on how residents can apply for Medicare and Medicaid benefits.

Importantly, nursing homes cannot require a minimum entrance fee or deposit as a condition of admission for residents whose care is paid by Medicaid.

Right to Manage Personal Finances

Nursing home resident rights allow people to handle their own financial affairs and personal expenses or to appoint someone they trust to do so.

Facilities must allow residents access to their bank accounts and safeguard any funds or property they agree to hold. Nursing homes are required to provide regular statements and protect residents from financial exploitation.

Right to Privacy, Property, and Living Arrangements

Residents have the right to privacy in communication and daily life, including private visits, phone calls, and correspondence. They may keep and use personal belongings as space allows, provided it does not negatively affect others.

Married residents in the same facility have the right to share a room, and all residents must be notified of any roommate changes.

Right to Have Visitors

Residents have the right to receive visitors of their choosing. This may include family, friends, and those providing legal, health care, or social services.

Visits may take place in private, and CMS affirms that nursing home residents’ rights include visitation at all times, with only limited safety-related restrictions.

Right to Social Services

Residents have the right to receive help from social services to support their well-being and care.

Facilities must provide or arrange access to services, including:

Assistance with legal or financial matters
Counseling and emotional support
Discharge planning and placement assistance

These supports are part of nursing home residents’ rights and help ensure continuity of care inside and outside the facility.

Right to Leave the Nursing Home

Residents have the right to leave the nursing home to visit family and friends. Facilities may coordinate outings to ensure medications and care needs are managed, and they may set reasonable safety measures. Residents should not be prevented from leaving without a valid medical or legal reason.

What Can You Do If Nursing Home Resident Rights Are Violated?

When nursing home residents’ rights are violated and abuse or neglect occurs, families have several options to seek help and protection.

Federal law requires facilities to provide information on these resources, but families can also reach out directly.

Steps to take if nursing home residents’ rights are violated:

Report to the facility: Tell the nursing home administrator or management in writing. They are required to investigate and respond.
Contact the Long-Term Care Ombudsman Program: Each state has a free advocacy program to help resolve complaints and protect residents’ rights.
File a complaint with your state department of health: These agencies inspect nursing homes and investigate complaints related to safety and care standards.
Call Adult Protective Services (APS): APS responds to reports of abuse, neglect, or exploitation of vulnerable adults.
Speak with a nursing home abuse lawyer: An attorney can explain your legal options and help pursue compensation when harm results.

Family members and friends also play an important role. This can include supporting residents, watching for warning signs, and helping them speak up if problems arise.

Get Legal Help for Nursing Home Abuse or Neglect

If you or a loved one has been harmed because a nursing home violated residents’ rights, the Nursing Home Abuse Center may be able to help.

We work with experienced lawyers who understand these cases and know how to hold negligent facilities accountable.

Our trusted partners have recovered over $314 million for victims of nursing home abuse nationwide.

Call the Nursing Home Abuse Center at (855) 264-6310 right now or get a free case review to see if we can help your family pursue justice.

Nursing Home Resident Rights FAQs

What are the rights of residents in long-term care facilities?

Residents in long-term care facilities are guaranteed certain protections under federal law that are meant to protect their health, well-being, and dignity.

Nursing home resident rights include:

Be free from abuse and neglect
File grievances without retaliation
Have visitors at any time
Make decisions about care
Manage personal finances
Receive clear information about health and services
Remain in the facility unless a legal reason exists

If you or a loved one was harmed due to a violation of nursing home residents’ rights, an experienced lawyer can help you understand your legal options. Get a free case review right now to see if we can connect you.

Do nursing home resident rights apply to all facilities in the United States?

Yes, nursing home resident rights apply nationwide, but only to facilities that participate in Medicare or Medicaid. Nearly all licensed nursing homes fall under this rule, since most accept these programs.

Some additional rights may also be created by state laws, giving residents further protections depending on where they live.

Do nursing home resident rights apply to assisted living facilities?

Federal nursing home resident rights apply only to skilled nursing facilities that take Medicare or Medicaid. Assisted living facilities are licensed and regulated by each state, and most states have their own residents’ rights laws for assisted living.

The protections may vary, so families should check with their state’s long-term care ombudsman or health department for details.

What does the resident have the right to refuse?

Residents may refuse medications, treatments, medical procedures, or participation in activities. They also have the right to decline physical or chemical restraints unless medically necessary.

Facilities must respect these choices, explain potential outcomes, and cannot retaliate against residents who refuse care.

Can nursing home residents leave for the day?

Yes, residents may leave the facility for outings, visits, or appointments. The nursing home may ask to coordinate medication schedules or safety planning, but residents cannot be prevented from leaving unless a medical or legal restriction is in place.

Can nursing homes refuse to take a patient?

Yes, facilities can refuse admission if they cannot meet a person’s medical needs, if no bed is available, or if the individual does not meet eligibility criteria. However, they cannot deny admission based on race, color, religion, sex, sexual orientation, gender identity, disability, or source of payment.

What should I do if a nursing home violates a resident’s rights?

You can raise concerns with the facility, but many families find that problems continue until legal action is taken. If harm has occurred, a nursing home abuse lawyer can step in to investigate, protect your loved one, and hold the facility accountable.

The Nursing Home Abuse Center puts families in touch with our trusted attorneys. Call us at (855) 264-6310 or Click to Live Chat to see if we can connect you.