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 Massachusetts, nursing home residents are protected by 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 nursing facility requirements and protections for residents in skilled nursing facilities. These laws ensure that residents have the right to be fully informed about their care, to make decisions regarding their medical treatment, to access their personal and medical records, to manage their finances, and to privacy. Additionally, residents have the right to file grievances without fear of retaliation and to be informed about the policies regarding transfer and discharge. Nursing homes are required to communicate these rights to residents in a language they understand and to obtain written acknowledgment from residents that they have received this information. Massachusetts state laws complement these federal protections and may offer additional rights and regulations to further safeguard the well-being and autonomy of nursing home residents. It is important for nursing home residents and their families to be aware of these rights and for nursing homes to adhere to these regulations to ensure the highest standard of care and respect for residents.