New York nursing home residents' rights
The rights every nursing home resident keeps
Moving into a nursing home does not take away a person's rights. Federal rules (42 C.F.R. § 483.10) and New York regulations (10 NYCRR § 415.3) spell them out, and New York Public Health Law § 2801-d lets residents sue when those rights are violated and they are injured.
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Dignity, respect and self-determination
Residents must be treated with courtesy and respect, and may make choices about their daily life, including schedules, activities and visitors.
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Information and participation in care
Residents may see their medical records, be told about their condition and treatment, take part in developing their care plan, and choose their attending physician.
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Refusing treatment
Residents may refuse medication and treatment, and may decline to take part in experimental research.
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Freedom from abuse, neglect and exploitation
Residents must be free from verbal, sexual, physical and mental abuse, corporal punishment, involuntary seclusion, neglect and misappropriation of their property.
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Freedom from restraints
Physical or chemical restraints may not be used for discipline or staff convenience, and may be used only when needed to treat medical symptoms.
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Privacy and confidentiality
Residents are entitled to privacy in medical treatment, personal care, visits, mail and phone calls, and to confidential personal and medical records.
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Quality of care
The facility must provide the care and services needed for each resident to reach or keep the highest practicable physical, mental and psychosocial well-being, including preventing pressure injuries, falls and avoidable weight loss.
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Protection from improper discharge
A facility may transfer or discharge a resident only for limited reasons, generally with 30 days' written notice, and the resident has the right to appeal.
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Voicing grievances without reprisal
Residents and families may complain to staff, the Department of Health or the Ombudsman without fear of retaliation, and the facility must try to resolve grievances promptly.
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Managing personal funds
Residents may manage their own money or choose someone to do it; funds the facility holds must be accounted for.