Medicare and Medicaid certified nursing homes offer residents many protections against abuse and neglect and outlines specific resident rights that you are entitled to. The Illinois Nursing Home Care Act also provides residents many protections. While these rights and protections exist, it is often up to you – and your lawyers – to enforce those protections if abuse and neglect occur.
As a resident in a Medicare- and/or Medicaid-certified nursing home, you have many rights and protections under federal and state law to make sure you get the care and services you need.
These rights include the right to be informed, make your own decisions, and have your personal information kept private. The nursing home must tell you about your rights and explain them to you in writing in a language you understand. Additionally, they must also explain in writing how you should act and what you’re responsible for while you’re in the nursing home.
Also, the informed consent must be done before or at the time you’re admitted, and nursing homes must continue to keep you informed of your rights during your stay.
Here is a brief list of some of your rights. For a full list of your resident rights and protections, visit Medicare.gov.
You have the right to:
- Be free from discrimination.
- Be free from abuse and neglect.
- Exercise your rights as a U.S. citizen.
- Have your representative notified of any care, treatment, plans or changes to your care plan.
- Get proper medical care.
- Be treated with respect.
- Be free from restraints.
- Have protections against involuntary transfer or discharge.
- Participate in activities.
- Spend time with visitors.
- Form or participate in resident groups.
- Manage your money.
- Get information on services and fees.
- Get proper privacy, property, and living arrangements.
- Make complaints