Resident Rights

You have the right to:

  • nondiscrimination in admissions;
  • equal access to quality care;
  • apply for Medicare or Medicaid benefits;
  • the absence of a guarantee of payment from another person or source other than yourself for admission or continued stay.

Nursing Home Responsibility

The nursing home must:

  • provide you with access to quality care by exercising identical policies and practices covering the provision of all required services, regardless of your source of payment;
  • obey all pertinent state and local laws that prohibit discrimination against individuals entitled to Medicaid benefits, and give explicit advice to you concerning your right to nondiscriminatory treatment in admissions (State regulations prohibit discrimination against individuals entitled to Medicaid benefits);
  • fully inform you and your designated representative both verbally and in writing (in a language that you understand) of your rights and all facility rules and regulations governing your conduct and your responsibilities during your stay. This information must be given to you prior to or upon admission and during your stay. You must acknowledge receipt of this information in writing. The facility must also post a summary of this information.

The nursing home must not:

  • require a third-party guarantee of payment as a condition of admission, expedited admission or continued stay in the facility;
  • charge, solicit, accept or receive (in addition to any amount otherwise required to be paid by third-party payors) any gift, money donation or other consideration as a precondition of admission, expedited admission, special room assignment or continued stay in the facility, beyond the amount needed for prepayment of basic services for up to three months;
  • require you to waive your rights to Medicare or Medicaid;
  • require verbal or written assurance that you are not eligible for, or will not apply for, Medicare or Medicaid benefits.

The nursing home may:

  • require a relative or other designated representative to sign a contract to provide facility payment from your income or resources, without your representative incurring personal financial liability;
  • charge you, if you are eligible for Medicaid, only for those items and services you requested and received that are not specified at the time of admission as included in the nursing home's basic services;
  • solicit, accept or receive a charitable, religious or philanthropic contribution from an organization or from a person unrelated to you, provided that the contribution is not a condition of admission, expedited admission, special room assignment or continued stay in the facility.