Every nursing home resident in the United States has federally guaranteed rights under the Nursing Home Reform Act of 1987. These rights are not optional — every Medicare and Medicaid-certified nursing home must honor them. Knowing them protects your loved one.
The Core Rights Every Resident Has
Right to Dignified Care
Residents have the right to be treated with dignity and respect at all times. This includes the right to privacy during personal care, the right to be addressed by their preferred name, and the right to be free from verbal, physical, sexual, and financial abuse.
Right to Participate in Care Decisions
Residents have the right to be fully informed about their medical condition, treatment options, and care plan — and to participate in decisions about their care. This includes the right to refuse treatment.
Right to Privacy
Residents have the right to privacy in their room, in personal communications, and in their medical records. Staff must knock before entering and provide privacy during medical examinations.
Right to Manage Personal Finances
Residents have the right to manage their own financial affairs or designate someone to do so. The nursing home cannot require residents to deposit funds with the facility.
Right to Complain Without Retaliation
Residents have the right to voice grievances and have them addressed promptly without fear of retaliation or discharge. The facility must have a grievance process and provide a response in writing upon request.
Right to Visit and Be Visited
Residents have the right to receive visitors of their choosing at any reasonable hour. Facilities cannot restrict visitors without the resident’s consent (with limited exceptions for infection control).
Right to Be Free from Unnecessary Restraints
Physical and chemical (medication) restraints may only be used for documented medical necessity — not for the convenience of staff. This is one of the most frequently violated resident rights.
Discharge Rights
A nursing home can only discharge a resident for specific legal reasons:
- The resident’s health has improved sufficiently that care is no longer needed
- The safety of other residents or staff is endangered
- The resident has not paid for their stay (after proper notice)
- The facility is closing
Residents must receive at least 30 days written notice of discharge (with some exceptions). Residents have the right to appeal any discharge decision.
How to Report a Violation
- Missouri Long-Term Care Ombudsman: (800) 309-3282 — free advocates for nursing home residents
- Missouri Department of Health and Senior Services: (800) 392-0210 — file a formal complaint
- CMS Complaint Hotline: Contact through Medicare.gov
Related Resources
