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 Maryland, 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 rights for residents 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 treatment, access to their personal physician and health care records, privacy of personal information, management of their financial affairs, and the ability to voice grievances without fear of retaliation. Additionally, residents have rights related to the procedures for discharge or transfer from the facility. 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 at the time of admission and throughout the resident's stay, with written acknowledgment from the resident confirming receipt of this information. Maryland state laws complement these federal protections and may offer additional safeguards to ensure the dignity, choice, and self-determination of nursing home residents.