Long Term Care Residents’ Rights
In California, residents of skilled nursing facilities are guaranteed specific rights intended to ensure that they receive appropriate care and are treated with dignity, autonomy, and respect.
The Patients’ Bill of Rights is set forth in Title 22 of the California Code of Regulations. It enumerates specific rights fundamental to residents of care facilities, including the right to be free from discrimination, mental and physical abuse, and chemical restraints, among numerous other protections.
Let’s look at some key resident rights protected by state and federal law:
Right to Information
Residents are entitled to be fully informed of their rights, the services available to them, and their medical condition. This includes receiving complete and accurate information about proposed treatments so they can make informed decisions about their care, communicated in their preferred language whenever possible.
Consent to Treatment
Residents have the right to accept or refuse medical treatment, including participation in experimental research. They may make their own health care decisions or appoint a representative to act on their behalf.
Privacy and Dignity
Facilities must treat residents with courtesy and respect and safeguard their right to privacy. This includes confidentiality in communications, personal visits, and medical care.
Freedom from Abuse and Improper Restraints
Residents have the right to be free from verbal, physical, sexual, and mental abuse, as well as from involuntary seclusion. Physical or chemical restraints may only be used when medically necessary to address specific symptoms and with appropriate consent.
Transfer and Discharge Protections
Residents may only be transferred or discharged under limited circumstances, such as when the facility can no longer meet their needs, nursing care is no longer required, or payment is not made. Facilities must provide advance notice and ensure that any transfer or discharge is conducted safely and appropriately.
Management of Personal Funds
Residents may manage their own financial affairs or authorize the facility to do so. When a facility manages resident funds, it must maintain them in a separate account and provide a complete and accurate accounting.
Access to Visitors and Advocacy
Residents may receive visitors of their choosing at times they choose, so long as it does not infringe upon the rights of others. Residents also have the right to access advocates, including the Long-Term Care Ombudsman, for assistance with concerns or complaints.
Participation in Resident and Family Councils
Residents have the right to form or participate in resident councils to discuss concerns and recommendations regarding facility policies and operations. Facilities must provide meeting space and give meaningful consideration to issues raised. Family members and legal representatives may also participate in family councils where available.
Voting Rights
Residents retain all rights as citizens or residents of the United States, including the right to vote. Facilities and staff must support residents in exercising this right, whether voting in person, by mail, or through other appropriate methods.
These rights are protected under federal law, including the Nursing Home Reform Act, as well as California regulations, which together safeguard long-term care residents from abuse, neglect, and improper treatment. These regulations are critical not only because they help define the applicable standard of care, but also because violations may independently support claims of elder abuse.
If you believe your loved one has suffered abuse in a nursing home or assisted living facility, consult an experienced elder abuse attorney. To receive a free consultation from an elder abuse lawyer in Los Angeles, San Francisco, Santa Barbara, or Sacramento, contact us here.