Nursing Home Resident Rights Under Federal Law

Federal law protects nursing home residents: care planning, privacy, visitors, freedom from abuse, and the right to voice complaints without retaliation.

Updated 2026

This guide is informational and is not medical advice.

Category: resident-rights · Updated 2026

Moving into a nursing home does not take away anyone's rights. At facilities that accept Medicare or Medicaid, federal law guarantees a detailed list of resident rights covering care, dignity, privacy, communication, and the ability to raise concerns without payback. Those rights are enforceable, and families who know them advocate far more effectively.

This guide summarizes the main rights under 42 CFR §483.10 and what to do when one is ignored. It is educational information, not legal advice.

Care and self-determination

The right to be informed about your condition, treatment, and any changes
The right to help shape your care plan and to review it
The right to refuse treatment and to be told the consequences
The right to be free of unnecessary drugs and physical or chemical restraints
The right to choose your own doctor and to receive visitors you select
The right to be treated with dignity and respect

Care planning must involve the resident and, if the resident chooses, the family. The plan should be revisited on a regular basis and whenever the person's condition changes.

Privacy, communication, and daily life

Privacy in your own room and during personal care
Confidentiality of medical and personal records
The right to send and receive mail and to use the telephone privately
The right to keep and use personal belongings, with any safety limits explained
The right to follow your faith and take part in activities
The right to control your own money, or to appoint someone to help
The right to form a resident council and gather with other residents

Freedom from abuse, neglect, and retaliation

Residents are entitled to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion. They also have the right to complain—or to have someone complain for them—without fear of retaliation. Federal rules require facilities to report and investigate allegations and to protect residents throughout the investigation.

If you suspect abuse or neglect, report it immediately to the administrator, the state survey agency, and the long-term care ombudsman. You do not have to judge whether it meets a legal standard; report it and let the agencies investigate.

Advocacy and access

Right	What it means
Ombudsman access	Residents may meet the long-term care ombudsman privately, without interference
Grievance process	Facilities must maintain a complaint process and respond to grievances
Survey access	Residents may speak with state surveyors during inspections
Representation	Residents may use a representative to exercise rights when needed

What to do when rights are not honored

Start by documenting what happened, when, and who was involved. Talk with the resident's nurse and the administrator, and ask for a written reply. If the problem is serious or keeps returning, contact the long-term care ombudsman or the state survey agency and file a complaint. For suspected abuse or immediate danger, call 911 or adult protective services. See How to File a Nursing Home Complaint and What Is a Long-Term Care Ombudsman?.

Sources: 42 CFR §483.10; CMS Care Compare; Administration for Community Living ombudsman program. Informational only, not legal advice.

Related guides

Frequently asked questions

Do resident rights apply in assisted living?

Assisted living is governed by states, not the federal nursing home rules, so the rights and procedures differ. Many states publish a resident bill of rights. Ask the community and your state licensing agency which rights apply.

May a resident be restrained for safety?

Physical and chemical restraints face tight limits and may never be used for convenience or discipline. Federal rules require facilities to try alternatives and protect the right to be free of unnecessary restraints. Ask how the facility keeps people safe without them.

Who exercises rights for a resident with dementia?

A representative—such as someone holding a power of attorney or a legal guardian—can exercise rights when the resident cannot. The resident should still be involved as much as possible.

Is it retaliation if staff turn colder after a complaint?

Retaliation for complaints is prohibited. Note specific changes in treatment and report them. The ombudsman can investigate and protect the resident.

Can a resident refuse a roommate or a room change?

Residents have some say over room and roommate matters, though facilities must manage safety and capacity. Ask how those decisions are made and where the resident's preference is recorded.

Data sources

CMS Provider Data Catalog · CMS Care Compare. This guide is provided for information and is not medical advice. Processing date: 2026-10-06.

Required disclosures

For general information only, not medical advice. This website shares public data and general information. It does not offer medical advice, diagnosis, or treatment guidance, and it cannot replace a consultation with a qualified health care professional or with Medicare.

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