Nursing Facilities
Learn about Resident Rights
When considering care in a nursing facility, an important distinction is that while nursing home residents are protected by various laws and the facility contract, in contrast, Congregate Living Health Facility (CLHF) residents have few rights described and protected by law.
In addition to the rights that nursing home residents are guaranteed in the contracts they sign, state and federal laws ensure the broad rights to quality of care and quality of life — and to be treated with respect and dignity and without discrimination. Facility administrators are legally bound to inform residents of all rights in a language and manner they can understand.
Specifically, the law sets out a number of benefits and protections for nursing facility residents, including the rights to:
- Visit with family and friends;
- Contact and meet with providers of health, legal, social, or other services;
- Maintain privacy during visits, meetings, telephone calls, and mail delivery;
- Maintain privacy during bathing, medical treatment, and personal care;
- Keep confidential personal and health records;
- Choose and participate in activities, including residents groups and social, religious, and community activities;
- Vote in local, state, and national elections;
- Voice complaints or grievances without fear of retaliation;
- Express preferences about a room and roommate and be advised before any changes are made;
- Live in a safe, clean, and comfortable environment;
- Receive care that enhances the quality of life and ensures the most practicable level of functioning;
- Manage personal finances or have the nursing home manage and account for them;
- Have clothing and personal property be reasonably secure;
- Participate in designing medical care, including choosing a doctor, being informed about medical conditions and medications, and refusing treatments; and
- Refuse restraints that limit mobility or drugs that affect the mind, except in an emergency situation, or where necessary to treat medical symptoms.
For a complete listing of state and federal laws that apply to nursing facility resident rights, see California Advocates for Nursing Home Reform's Outline of Resident Rights.
In contrast, Congregate Living Health Facility (CLHF) residents have few rights described and protected by law. Legislation specifically addressing their rights has been pending for several years without action. In the meantime, laws that do exist focus mostly on the physical set-up of CLHFs, which are required to have:
- Valid fire clearances;
- Homelike settings, with living accommodations and grounds related to the facility’s function and clientele;
- Sufficient space for comfortable living and privacy — including common rooms, living rooms, dining rooms, dens or other recreation or activity rooms, and visiting spaces — all maintained in good repair and equipped with supplies meeting residents’ specialized needs;
- Rooms used solely as bedrooms that can easily accommodate assistive devices and are shared by no more than two residents;
- Equipment and supplies necessary for personal care and hygiene;
- Toilets and bathrooms that are private and conveniently located, with at least one toilet and sink for every six residents and at least one bathtub or shower for every ten residents; and
- Safety protections, including handrails, adequate light, and protections from potential fire and water hazards.
