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Know Your Rights and Protections in a Nursing Home

Garcia & Artigliere

According to the U.S. Government’s official site for Medicare, residents of Medicare- or Medicaid-certified nursing homes are granted certain rights and protections under both state and federal laws. These laws are designed to ensure that you get the services you need and the care you deserve.

In fact, nursing homes are required to inform you of these rights. Additionally, they must provide you with a list of these rights in writing – in a language you understand. The facility must also outline your responsibilities in writing, clearly identifying how you are to act during your stay. This must be done prior to your admittance.

Medicare rights protect your privacy, guard against unethical practices, and ensure that you have access to the healthcare services granted by law. They also provide protection for you when you receive healthcare services. In addition to these core basics, you have the following rights:

The right to be treated with respect.
It shouldn’t have to be put in writing, but you have the right to your dignity and the respect of those responsible for your care. This means you can decide when you want to eat, what time you go to bed, and what time you get up in the morning.

The right to participate, or not to participate, in activities.
Most nursing home facilities offer a wide range of activities to residents throughout the day. You have a right to participate in any activity or program that is designed to meet your needs.

You have the right to be free from discrimination.
While nursing home facilities are not required to accept all who apply, there are rigid laws (local, state, and federal) that protect your civil rights. Nursing homes must comply with these laws.

You have the right to complain without punishment.
Not only do you have the right to complain, but also to have your complaint addressed promptly by the nursing home.

You have the right to be free of abuse, neglect, and restraints.
Chemical or physical restraints are not to be employed for the convenience of staff or for the discipline of patients. All patients have the right to be free of verbal, sexual, mental, physical, and financial abuse.

You have the right to proper medical care.
Nursing homes are charged with protecting the health of their patients by providing proper medical care.

If you suspect these rights have been violated, then it’s time to contact a nursing home abuse attorney from Garcia & Artigliere at (800) 328-2630 to get the protection and justice you deserve.


We offer free and confidential consultations. Call (800) 328-2630 Learn About Your Legal Options

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