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 Texas, nursing home residents are protected by both federal and state regulations. 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 rights of residents in nursing facilities and skilled nursing facilities. These rights include being informed about their care, making decisions regarding their health, maintaining the privacy of their personal information, accessing their personal physician and health care records, and understanding their financial rights and information. Residents also have the right to file grievances and are protected in matters of discharge or transfer from the facility. Nursing homes are required to inform residents of these rights in a language they understand and provide written explanations of 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. Texas state laws complement these federal protections, ensuring that nursing home residents are treated with dignity and respect, and that their legal rights are upheld.
