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 Mexico, 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 minimum standards for nursing facilities and skilled nursing facilities, ensuring residents have the right to be fully informed, make decisions about their care, have their privacy protected, access their personal physician and health care records, and manage their finances. They also have the right to file grievances and to be informed about the policies regarding discharge or transfer. Nursing homes are required to communicate these rights to residents in a language they understand and provide written documentation of the rights and responsibilities at admission and throughout their stay. Residents must acknowledge receipt of this information in writing. New Mexico state laws complement these federal protections, further ensuring the well-being and rights of nursing home residents within the state.