Residents' Rights

Residents' rights are legal protections guaranteed to people living in long-term care facilities. These rights are established by the Omnibus Budget Reconciliation Act (OBRA) of 1987 and ensure that residents are treated with dignity and respect.

OBRA and the Nursing Home Reform Act

The Omnibus Budget Reconciliation Act (OBRA) of 1987 established:

• Minimum standards of care for nursing facilities
• Residents' rights that must be protected
• Requirements for nurse aide training and certification
• Oversight and enforcement mechanisms

Core Residents' Rights

Every resident has the right to:

Right to Be Informed

Residents have the right to:

• Know their diagnosis, prognosis, and treatment options
• Understand their care plan and be involved in creating it
• Know who is providing their care (names, credentials)
• Access their medical records
• Be informed of facility rules and regulations
• Receive notice before room changes or discharge
• Be informed of any charges not covered by Medicare/Medicaid

Right to Dignity and Respect

Dignity means:

• Being treated as an individual, not a room number
• Having personal preferences honored
• Maintaining privacy during care
• Being addressed by preferred name
• Having cultural and religious practices respected
• Wearing own clothing and personal items
• Maintaining personal appearance

CNA Responsibilities:

• Knock before entering room
• Close doors and curtains during personal care
• Drape and cover body appropriately
• Allow choices in daily routine
• Speak respectfully at all times
• Never discuss resident in front of others

Right to Privacy

Residents have privacy rights in:

Right to Make Choices

Residents can decide:

• When to wake, sleep, bathe
• What to wear
• What activities to participate in
• Whether to receive treatment
• Who to see as visitors
• Whether to participate in religious services
• How to spend their money

Limitations: Choices may be limited only if they pose a safety risk to self or others, and then only to the minimum extent necessary.

Right to Freedom from Restraints

Restraints include:

• Physical restraints - Devices that limit movement (vest, mitt, belt, side rails)
• Chemical restraints - Medications used to control behavior rather than treat a condition

Restraint Rules:

• Used only when medically necessary
• Only after less restrictive measures have failed
• Requires physician's order
• Must be removed and skin checked regularly
• Must be documented thoroughly
• Cannot be used for staff convenience or punishment

Right to Voice Grievances

Residents may:

• Complain about care or treatment
• Report concerns without fear of retaliation
• Contact ombudsman (resident advocate)
• Contact regulatory agencies
• File lawsuits

The Long-Term Care Ombudsman:

• Advocates for residents' rights
• Investigates complaints
• Works to resolve problems
• Independent of the facility