Resident Rights: What They Are and How to Enforce Them | Maine Legal Services for the Elderly

When you live in a nursing home or independent living facility, the law gives you special protections. Under the law, you have the right to be treated a certain way. The law also says that you have the right to stay in the facility unless the facility discharges you by following very specific rules. If the facility doesn’t follow these rules, you have the right to appeal. Your rights and how to enforce them are explained in this section.

If you received a “Discharge Notice” or if the facility is threatening to kick you out, see the section “Can The Nursing Home Make Me Leave?” below.

Nursing home resident’s rights

The Federal Nursing Home Reform Act says that you have certain rights when you are a nursing home resident. According to Medicare.gov, residents generally have the following rights:

Respect: You have the right to be treated with dignity and respect.
Services and Fees: You must be informed in writing about services and fees before you enter the nursing home.
Money: You have the right to manage your own money or to choose someone else you trust to do this for you.
Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.
Medical Care: You have the right to be informed about your medical condition, medications, and to see you own doctor. You also have the right to refuse medications and treatments.

For more information, visit the website of the Maine Long Term Care Ombudsman Program by clicking here.

Or, see the Guide to Choosing a Nursing Home publication on the official Medicare website. You can get the Guide by clicking here.

I don’t like how I am being treated by the staff. What can I do?

If you are unhappy with how you are being treated by your nursing home or independent living facility staff, there are things you can do. If possible, try talking to the administrators at the facility first. If the problem is not fixed, you can call the Long Term Care Ombudsman Program (LTCOP) at 1-800-499-0229 or (207) 621-1079. The LTCOP will investigate. Their services are free and confidential.

If you believe that your rights are being violated, you should speak to an attorney. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 to speak to an attorney for free.

Resources

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you believe your resident’s rights are being violated, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.

The Maine Long Term Care Ombudsman Program (LTCOP)
To make a confidential complaint about a nursing home or assisted living facility, call 1-800-499-0229 or (207) 621-1079. For more information about how the Long Term care Ombudsman Program can help, visit their website by clicking here.