Residents’ Rights
For those living in long-term care facilities.
Supportive, compassionate and safe environments for all individuals in long-term care.
These rights are designed to safeguard residents from abuse, neglect and discrimination while promoting their well-being, privacy and independence. Encompassing a wide range of freedoms—from the right to make personal decisions to the right to receive quality health care—these rights play a crucial role in empowering residents to live with dignity and participate fully in their own care.
The 1987 Nursing Home Reform Law requires each nursing home to care for its residents in a manner that promotes and enhances the quality of life of each resident, ensuring dignity, choice and self-determination.
All nursing homes are required "to provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care that… is initially prepared, with participation, to the extent practicable, of the resident, the resident's family or legal representative." This means a resident should not decline in health or well-being as a result of the way a nursing facility provides care.
As a nursing home resident, you have the…
Right to a dignified existence:
Be treated with consideration, respect and dignity, recognizing each resident’s individuality
Freedom from abuse, neglect, exploitation and misappropriation of property
Freedom from physical or chemical restraints
Quality of life is maintained or improved
Exercise rights without interference, coercion, discrimination or reprisal
A homelike environment, and use of personal belongings when possible
Equal access to quality care
Security of possessions
Right to self-determination:
Choice of activities, schedules, health care and providers, including attending physician
Reasonable accommodation of needs and preferences
Participate in developing and implementing a person-centered plan of care that incorporates personal and cultural preferences
Choice about designating a representative to exercise his or her rights
Organize and participate in resident and family groups
Request, refuse and/or discontinue treatment
Right to be fully informed of:
The type of care to be provided, and risks and benefits of proposed treatments
Changes to the plan of care, or in medical or health status
Rules and regulations, including a written copy of residents’ rights
Contact information for the long-term care ombudsman program and the state survey agency
State survey reports and the nursing facility’s plan of correction
Written notice before a change in room or roommate
Notices and information in a language or manner he or she understands (Spanish, Braille, etc.)
Right to raise grievances:
Present grievances without discrimination or retaliation, or the fear of it
Prompt efforts by the facility to resolve grievances, and provide a written decision upon request
To file a complaint with the long-term care ombudsman program or the state survey agency
Right of access to:
Individuals, services, community members and activities inside and outside the facility
Visitors of his or her choosing, at any time, and the right to refuse visitors
Personal and medical records
His or her personal physician and representatives from the state survey agency and long-term care ombudsman program
Assistance if sensory impairments exist
Participate in social, religious and community activities
Rights regarding financial affairs:
Manage his or her financial affairs
Information about available services and the charges for each service
Personal funds of more than $100 ($50 for residents whose care is funded by Medicaid) deposited by the facility in a separate interest-bearing account, and financial statements quarterly or upon request
Not be charged for services covered by Medicaid or Medicare
Right to privacy:
Regarding personal, financial and medical affairs
Private and unrestricted communication with any person of their choice
During treatment and care of personal needs
Rights during discharge/transfer:
Right to appeal the proposed transfer or discharge and not be discharged while an appeal is pending
Receive a 30-day written notice of discharge or transfer that includes: the reason; the effective date; the location going to; appeal rights and process for filing an appeal; and the name and contact information for the long-term care ombudsman
Preparation and orientation to ensure safe and orderly transfer or discharge
Notice of the right to return to the facility after hospitalization or therapeutic leave
Indiana state law regarding nursing homes and residential care facilities: