Section 3 - Summary

Rights Regarding Health Care 

To be free of physical restraints not documented as medically necessary [§483.13]

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To have his/her choice of physician [§483.10 (d)]

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To be transferred or discharged only after reasonable notice is given; and only for medical reasons, the safety or welfare of other residents, or for non-payment [§483.12]

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To be protected from transfer or discharge from a Medicaid or Medicare certified facility solely because the resident becomes eligible for Medicaid or Medicare payment [§483.12 (d)]

Right to Exercise Individual Liberties 

To exercise his/her rights as a resident and a citizen [§483.10 (a)]

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To complain and make suggestions without fear of retaliation [§483.10 (f)]

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To a dignified existence and self-determination [§483.10]

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To be free of verbal, sexual, physical, and mental abuse [§483.13 (b)]

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To participate in social, religious, and community activities [§483.15 (f)]

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To have his/her and use own clothing and possessions, including some furnishings

[§483.10 (l), §483.15 (h)(1)] 

To manage his/her personal affairs, or if this is delegated to the facility, to receive an accounting report every three months and on request [§483.10 (c)]

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To have access for visits with family, friends, and representatives of certain agencies, including the ombudsman [§483.10 (j)]

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To share a room with his/her spouse, if he/she is a resident of the same nursing home and they both consent [§483.10 (m)]

Rights to Information 

To be informed of his/her rights, the rules and regulations of the nursing home [§483.10 (b)]

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To receive prompt efforts to resolve grievances [§483.10 (f)]

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To have any significant change in his/her health status reported to him/her

[§483.10 (b)(10)(B)] 

To be informed of his/her condition and planned medical treatment, and to participate in planning or refusing that treatment [§483.10 (b)(3) and (4)(d)(3)]

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To examine the results of the most recent survey conducted by state or federal surveyors of the facility [§483.10 (g)]

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To be informed of the bed reservation policy for hospitalization [§483.10 (b)(2)]

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To be told of all services available and all costs, including charges covered or not covered by

Medicare, Medicaid or the basic per diem rate [§483.10 (b)(6)]

Rights to Privacy 

To personal privacy in medical treatment and personal care [§483.10 (e)(1)]

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To send and receive unopened mail [§483.10 (i)]

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To receive visitors in privacy [§483.10 (e)(1)]

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To have his/her personal and medical records treated confidentially [§483.10 (e)]

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To have reasonable access to use of a telephone where calls can be made without being overheard [§483.10 (k)]

Rights for Families or Legal Representatives 1 

To be notified within 24 hours of an accident resulting in injury, a significant change in the resident’s physical, mental, or psychosocial status, a need to alter treatment significantly, or a decision to transfer the resident [§483.10 (11)]

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To be notified of appeal rights [§483.12 (a) (6) (iv)]

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To be notified promptly if change in room or roommate or in resident’s rights provisions [§483.10 (b) (11) (i) (D) (ii) (A) and (B)]

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To be notified if the facility receives a waiver of licensed nurse staffing requirements [§483.30 (c) (7), (d) (1) (B) (v)]

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To participate in the care planning process [§483.20 (d) (2) (ii)]

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To have immediate access to the resident, subject to the resident’s rights to deny/withdraw consent at any time [§483.10 (j) (1) (vii)]

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To participate in a family council which may meet privately in space provided by the facility and receive the facility’s cooperation in its activities [§483.15 (c) (2)]

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To make recommendations to the facility, and the facility is required to “listen to the views and act upon grievances and recommendations of residents and families concerning proposed policy and operational decisions affecting resident care and life in the facility.” [§483.15 (c) (6)]

Rights Regarding Incompetent Residents When an individual is judged by a court to be incompetent in accordance with state law, the resident’s rights “shall devolve upon, and, to the extent judged necessary by a court of competent jurisdiction, be exercised by the person appointed under state law to act on the resident’s behalf.” [§483.10 (3)]

1 An Ombudsman’s Guide to the Nursing Home Reform Amendments Of OBRA ’87. revised by S. G. Burger, National Long-Term Care Ombudsman Resource Center, National Citizens’ Coalition for Nursing Home Reform. 2005.