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 West Virginia, 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, respectively. These laws guarantee residents the right to be fully informed about their care, to participate in decisions regarding their health and treatment, to access their personal and medical records, and to maintain the privacy of their personal information. Residents also have the right to voice grievances without fear of retaliation, and they are entitled to clear information about the facility's policies on resident conduct and responsibilities. This information must be provided in a language the resident can understand, both at admission and throughout their stay. Additionally, residents have rights concerning the procedures for discharge or transfer from the facility. West Virginia state laws complement these federal protections and may offer additional safeguards to ensure the well-being and rights of nursing home residents. It is the responsibility of the nursing home to inform residents of these rights and to obtain written acknowledgment of receipt of this information.