Nursing home residents have rights and protections that are guaranteed by federal law in the Nursing Home Reform Act located in the United States Code (statutes) at 42 U.S.C. §1396r (requirements for nursing facilities) and 42 U.S.C. §1395i-3 (requirements for skilled nursing facilities)—and by state laws.
Nursing home residents generally have the right to be informed, to make their own decisions, and to have their personal information kept private. For example, residents have the right to access to their personal physician and health care records, and rights and information regarding their finances. Residents also have the right to make complaints (raise grievances) and rights related to any discharge or transfer. The nursing home must tell residents about these rights and explain them in writing in a language the resident understands.
Nursing homes must also explain in writing how residents should act and their responsibilities while a resident of the nursing home. This information must be provided at or before the time the resident is admitted, as well as during the resident’s stay. A resident must acknowledge in writing that they received this information.
In Alabama, nursing home residents are protected by both federal and state laws that uphold their rights and ensure their well-being. The federal Nursing Home Reform Act, found in 42 U.S.C. §1396r and 42 U.S.C. §1395i-3, establishes the baseline for the standards of care and residents' rights in nursing facilities and skilled nursing facilities. These rights include, but are not limited to, the right to be fully informed of their health status and medical care, access their personal physician and health records, manage their finances, and privacy of personal information. Residents also have the right to voice grievances, and to receive due process in matters of discharge or transfer. Nursing homes are required to inform residents of these rights in a language they understand and provide written documentation outlining both the rights and responsibilities of the residents. This information must be given upon admission and throughout the resident's stay, with written acknowledgment from the resident confirming receipt of this information. Alabama state laws complement these federal protections and may offer additional safeguards, ensuring that nursing home residents are treated with dignity and respect.