Moving a loved one into a nursing home is rarely an easy decision. Amid the emotions and logistics, many families worry about whether their loved one will truly be cared for, respected, and treated as an individual. The good news is that nursing home resident rights are clearly established under both New York State and federal law, and they are extensive.
Understanding these protections can help residents and families feel more confident, more empowered, and more at ease during what can be an emotionally challenging transition.
Where Do These Rights Come From?
Nursing home resident rights in New York are protected under two layers of law. At the state level, the New York State Department of Health requires all licensed nursing homes to uphold a Resident Bill of Rights and provide each resident with a copy upon admission. At the federal level, the Centers for Medicare and Medicaid Services (CMS) sets additional standards for facilities participating in Medicare and Medicaid programs. New York’s protections meet or exceed federal requirements, offering residents a strong foundation of rights.
Key Rights Every Nursing Home Resident Has
The Right to Dignity and Respect
Every resident has the right to be treated as an individual, with courtesy and respect for their preferences, background, and identity. This includes the right to make personal choices about daily life, such as schedules, activities, and how they spend their time.
The Right to Quality Medical Care
Residents have the right to receive appropriate nursing care, rehabilitation therapies, social work services, and dental care based on their assessed needs. They also have the right to be fully informed about their health status, diagnosis, prognosis, and treatment plan in a language or format they can understand, including through an interpreter when necessary. A resident’s pain should be always managed appropriately.
The Right to Participate in Their Own Care
Residents have the right to review their medical records, ask questions, and actively participate in their care planning. They cannot be subjected to treatment or procedures without their informed consent.
Freedom from Abuse and Discrimination
No resident should ever experience verbal, mental, or physical abuse. Residents are protected from discrimination during the admission process and throughout their stay. Facilities must also honor residents’ gender identity and preferred pronouns, as reinforced by a 2024 update to New York’s Public Health Law.
The Right to Voice Grievances
Every nursing home is required to have a formal process for hearing and investigating resident complaints in a timely manner. Residents have the right to raise concerns without fear of retaliation, and those concerns deserve a prompt, respectful response.
Privacy, Confidentiality, and Personal Space
Residents have the right to privacy in communications and medical matters, as well as access to a locked storage space for personal belongings.
Access to Advocacy and Information
Residents can review the most recent state and federal inspection surveys for their facility and are entitled to information about agencies that serve as resident advocates. The New York State Long-Term Care Ombudsman Program is one such resource, helping residents and families navigate concerns and complaints.
The Right to Vote and Participate in Resident Councils
Nursing home residency does not affect a person’s right to vote or engage in civic life. Residents may also participate in a resident council, a group that gives them a voice in the day-to-day life of their community.
Advance Care Planning
Nursing homes are required to provide education around Advance Care Planning, giving residents the opportunity to appoint a trusted health care agent. This person, often a family member or close friend, can make medical decisions on the resident’s behalf if they ever lose the ability to do so themselves. Having this plan in place provides peace of mind for everyone involved.
Responsibilities Matter Too
Rights are most meaningful when paired with active participation. Residents and their representatives also carry responsibilities: to engage in the care planning process, to communicate openly with staff about needs and preferences, and to express concerns when something feels off. Speaking up is not just encouraged; it is an important part of ensuring a respectful and responsive experience.
What to Look for in a Nursing Home
When evaluating a skilled nursing facility, understanding how it upholds these rights in practice matters as much as knowing the regulations on paper. Ask how grievances are handled. Find out how often care plan meetings take place and who is included. Ask whether social workers are available and accessible to residents and families on a regular basis.
These questions reveal a facility’s culture, and culture is what residents experience every day.
If You Have a Concern
Most issues are best resolved by starting a conversation directly with the nursing home’s social worker or administrator. Every facility is required to have a grievance process, and raising a concern through that channel is usually the fastest path to resolution.
If a concern is not addressed to your satisfaction, the New York State Long-Term Care Ombudsman Program provides free, confidential support for residents and families. You can also file a complaint directly with the New York State Department of Health online or by phone. Complaints are kept confidential.
Frequently Asked Questions About Nursing Home Resident Rights
Can a nursing home take away a resident’s rights?
No. Nursing home resident rights are protected by both New York State and federal law. A facility cannot legally remove or restrict these rights. If a resident or family member believes rights are being violated, they have clear avenues to report concerns, including the facility’s own grievance process, the NY Long-Term Care Ombudsman Program, and the NY State Department of Health.
What happens if a nursing home violates a resident’s rights?
Facilities found to have violated resident rights can face investigation by the New York State Department of Health, corrective action requirements, and in serious cases, federal sanctions through CMS. Residents and families are encouraged to report violations without fear of retaliation.
Does a nursing home resident have the right to refuse treatment?
Yes. Residents have the right to participate in decisions about their care and to refuse treatment, consistent with their wishes and applicable law. This right extends to designating a health care agent through Advance Care Planning to make decisions on their behalf if needed.
Can a resident leave a nursing home if they want to?
Generally, yes. A resident has the right to choose where they live and can request to be discharged. Facilities must follow proper discharge planning procedures and provide appropriate notice. If a resident has concerns about a discharge decision, they have the right to appeal.
Gurwin’s Commitment to Resident Rights
At Gurwin Healthcare System, honoring resident rights is central to who we are. Our social workers are present on every floor to help residents and families navigate questions, raise concerns, and stay informed. Families are welcomed as partners in care, and regular care plan meetings keep everyone aligned and heard.
If you are exploring skilled nursing care on Long Island for yourself or a loved one, we encourage you to visit, ask questions, and see how we put these principles into practice every day. Our heart is in the caring.
By Dorian Froelich, LMSW
Dorian is the Director of Social Work & Admissions at the Gurwin Jewish Nursing & Rehabilitation Center.
