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 New Jersey, 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 nursing facilities and skilled nursing facilities, ensuring residents have the right to be fully informed, make their own decisions, and have their privacy protected. This includes access to personal health records, physicians, and information about their finances. Residents also have the right to file grievances and are protected against unjust discharge or transfer. Nursing homes are required to inform residents of these rights in a language they understand and provide written documentation of both rights and responsibilities upon admission and throughout their stay. New Jersey state laws complement these federal protections, potentially offering additional safeguards and ensuring that nursing homes maintain a high standard of care. Residents must acknowledge in writing that they have received this information, ensuring they are aware of their rights and responsibilities while residing in a nursing home.