Nursing homes are a unique legal setting. Ideally they offer a protective environment for a vulnerable population. In most cases, the residents are adults with all the rights and privileges society provides people of legal age, but the nursing homes they live in are also obligated to provide them a special level of protection and care.

Under Federal law, nursing homes must protect and promote residents’ rights to:

A dignified existence. Each resident must receive the care necessary to attain and maintain the highest practical state of physical, mental and psychosocial well-being. Residents must not only be treated with respect and dignity, they must be cared for and provided an environment that maintains and enhances each resident’s quality of life.

Self-determination. Within the parameters of their individual care plans: residents have a right to set their own schedules - when to get up, when to eat, what activities to do; they have a right to participate in the development of their care plan and to refuse medications and treatment. They have a right to access and manage their own money; they have a right to see and refuse to see whom they want; couples have a right to live together; they have a right to leave, permanently or temporarily; they have a right to stay (except in the case of very specific circumstances).

Privacy. Residents have a right to privacy. They may spend private time with any visitor at any reasonable hour and their family at any time. They have a right to talk privately on a telephone and receive their mail unopened. They have a right to keep and use personal belongings and property (as long as it doesn’t interfere with the rights, health or safety of others). The nursing home must protect personal property from theft.

Quality care. That includes care to maintain and improve the resident’s ability to carry out activities of daily living; access to social services; prevention and management of bedsores; proper nutrition and fluids; provision of a clean, safe, comfortable environment and proactive measures to avoid injury; no significant medication errors; diligent adherence to medication, treatment and therapy regimens ordered by the resident’s physician; sufficient personnel and supervision to respond in a timely manner to resident needs and provide high standards of care; regular physician oversight; complete, accurate and readily accessible medical records; and prompt reporting to physicians and guardians of any accident, injury or adverse change in the resident’s condition.

Freedom from abuse and neglect. Residents may not be restrained physically or chemically for the purpose of discipline or the convenience of the staff. They may not be involuntarily secluded or isolated.

*These are just some of the rights and protections afforded nursing home residents under Federal and
Wisconsin State law. Their ramifications are very broad. These rights must also be understood and
applied in context with the resident’s mental and physical condition, care plan, facility contract,
industry standards, available technology and insurance coverage.