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 Arkansas, nursing home residents are protected under both federal and state laws. 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 rights of residents in nursing facilities and skilled nursing facilities. These rights include being informed about their care, making decisions regarding their health, maintaining the privacy of their personal information, accessing their personal physician and health care records, and understanding their financial rights and information. Residents also have the right to file grievances and to be informed about the policies regarding discharge or transfer from the facility. Arkansas state laws complement these federal protections and may offer additional safeguards. Nursing homes are required to inform residents of their rights and responsibilities in a language they understand, both in writing at admission and throughout their stay. Residents must acknowledge in writing that they have received this information. An attorney specializing in elder law or long-term care issues can provide specific guidance on how these laws are applied in Arkansas.