For COVID-19 Updates click here | For weekly updates click here
1433 Ringwood Avenue Haskell, NJ 07420
973-839-2119
What are Resident's Rights?
Residents’ Rights Guarantee Quality of Life
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 the nursing facility provides care.
The 1987 Nursing Home Reform Law Protects the following rights of nursing home residents:
The Right to Be Fully Informed of
• Available services and the charges for each service
• Facility rules and regulations, including a written copy of resident rights
• Address and telephone number of the State Ombudsman and state survey agency
• State survey reports and the nursing home’s plan of correction
• Advance plans of a change in rooms or roommates
• Assistance if a sensory impairment exists
• Residents have a right to receive information in a language they understand (Spanish, Braille, etc.)
Right to Complain
• Present grievances to staff or any other person, without fear of reprisal and with prompt efforts by the facility to resolve those grievances
• To complain to the ombudsman program
• To file a complaint with the state survey and certification agency
Right to Participate in One’s Own Care
• Receive adequate and appropriate care
• Be informed of all changes in medical condition
• Participate in their own assessment, care- planning, treatment, and discharge
• Refuse medication and treatment
• Refuse chemical and physical restraints
• Review one’s medical record
• Be free from charge for services covered by Medicaid or Medicare
Right to Privacy and Confidentiality
• Private and unrestricted communication with any person of their choice
• During treatment and care of one’s personal needs
• Regarding medical, personal, or financial affairs
Rights During Transfers and Discharges
• Remain in the nursing facility unless a transfer or discharge:
• (a) is necessary to meet the resident’s welfare:
• (b) is appropriate because the resident’s health has improved and s/he no longer requires nursing home care:
• (c) is needed to protect the health and safety of other residents or staff;
• (d) is required because the resident has failed, after reasonable notice, to pay the facility charge for an item or service provided at the resident’s request
• Receive thirty-day notice of transfer or discharge which includes the reason to appeal, and the name, address, and telephone number of the state long-term care ombudsman
• Safe transfer or discharge through sufficient preparation by the nursing home
Right to Dignity, Respect, and Freedom
• To be treated with consideration, respect, and dignity
• To be free from mental and physical abuse, corporal punishment, involuntary seclusion, and physical and chemical restraints
• To self- determination
• Security of possessions
Rights to Visits
• By a resident’s personal physician and representatives from the state survey agency and ombudsman programs
• By relatives, friends and others of the residents’ choosing
• By organizing or individuals providing health, social, legal or other services
• Residents have the right to refuse visitors
Rights to Make Independent Choices
• Make personal decisions, such as what to wear and how to spend free time
• Reasonable accommodation of one’s needs and preferences
• Choose a physician
• Participate in community activities, both inside and outside the nursing home
• Organize and participate in a Resident Council
• Manage one’s own financial affairs
Click here for the Annual Review of Patient’s Rights