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 Louisiana, 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 at 42 U.S.C. §1396r and 42 U.S.C. §1395i-3, establishes the baseline for the standards of care and rights for individuals 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 conditions, the right to access their own health records, the right to privacy, and the right to manage their own financial affairs. Additionally, residents have the right to voice grievances without fear of retaliation, and they must be informed about the facility's policies regarding resident conduct and responsibilities. Louisiana state laws complement these federal protections and may offer additional safeguards. Nursing homes are required to provide written notice of these rights and responsibilities to residents upon admission and throughout their stay, ensuring that residents understand and can exercise their rights effectively.