Your Rights as a Nursing Facility Resident

Libby Hastings • October 8, 2024

When you or a loved one enters a nursing facility, it's important to know that residents have specific rights and protections guaranteed by both Federal and state law. These rights are designed to ensure residents receive the care, respect, and services they deserve while maintaining their dignity and autonomy. As advocates for quality long-term care in Kansas, we want to make sure you're informed about these essential protections.


What Are Your Rights as a Nursing Home Resident?


Under Federal law, every nursing home resident has the right to:


  • Be Treated with Respect: Residents have the right to be treated with dignity and to make decisions about their daily routine, such as when they wake up, go to bed, and eat their meals.
  • Participate in Activities: Nursing homes must offer activities that meet the needs and interests of each resident, allowing them to remain engaged and fulfilled.
  • Be Free from Abuse and Neglect: No resident should ever experience verbal, physical, sexual, or emotional abuse. If abuse or neglect is suspected, the nursing home must report it, and residents have the right to alert authorities themselves.
  • Make Medical Decisions: Residents have the right to be fully informed about their health conditions, treatments, and medications in a way they understand. They can also choose their doctor and participate in developing their care plan.
  • Manage Their Money: Residents can manage their own finances or choose someone they trust to handle their money. The nursing home must protect residents' funds from loss or theft.
  • Maintain Privacy: Every resident has the right to private communication, whether through visits, phone calls, or mail. The facility must also protect residents' personal belongings and provide living arrangements that respect their preferences.


These are just a few of the many rights outlined by the Centers for Medicare and Medicaid Services (CMS). The full list of protections ensures that every nursing home resident is safeguarded, from protection against unfair transfers to the ability to lodge complaints without fear of retaliation.


What To Do if Rights Are Violated


If you suspect that your rights or the rights of a loved one in a nursing facility are being violated, it’s crucial to take action. Bring your concerns to the attention of the nursing home staff such as administrators and nurses, contact your long-term care ombudsman, and document the incident (take detailed notes of what you observed). If you suspect immediate harm, contact law enforcement! We at Kansas Advocates for Better Care are here to help. Whether it’s a matter of neglect, abuse, or other infringements of your rights, you don’t have to face it alone.


Contact us today if you or a loved one need assistance. We are committed to advocating for the care, dignity, and well-being of all nursing home residents at no cost to you. Let us stand by your side and help you navigate the process to ensure that the rights of nursing facility residents are upheld.

A nursing home room with two hospital beds and a wheelchair
By Libby Hastings May 31, 2026
Kansas has announced that it is exiting the Money Follows the Person (MFP) program, citing a drastic reduction in and possible elimination of federal funding. According to the Kansas Department for Aging and Disability Services (KDADS), the state had planned to reinstate the program on July 1 after several years of inactivity. Instead, Kansas is now withdrawing from the program altogether. For many Kansans, this decision represents a significant missed opportunity. The MFP program was created to help states rebalance their long-term services and supports systems by making it easier for people to move from institutional settings, such as nursing facilities, back into homes and communities. The program provided funding for critical transition expenses, including home modifications, furniture, bedding, kitchen supplies, and other necessities that help make community living possible. At its core, MFP recognized a simple truth: most people want to live in their own homes and communities, not institutions. Research consistently shows that older adults overwhelmingly prefer to age in place. In an AARP survey, 75 percent of older adults reported wanting to remain in their homes as they age. Yet many feel they will eventually have no choice but to move into a facility because the supports needed to remain at home are unavailable or unaffordable. Programs like MFP help bridge that gap. When people remain in nursing facilities despite being able to live safely in the community, there are consequences, not only for the individual, but for the state as a whole. First, individuals lose autonomy and control over their daily lives. Living in the community allows people to decide when they wake up, what they eat, who they spend time with, and how they participate in their neighborhoods. These choices may seem small, but they are fundamental to dignity and quality of life. Second, unnecessary institutionalization can contribute to social isolation. People living in their own homes can remain connected to friends, family, faith communities, volunteer opportunities, and local activities. Community integration promotes both physical and emotional well-being. Third, keeping people in nursing facilities when they could thrive in the community often comes at a higher cost to the Medicaid system. Home and community-based services are frequently less expensive than institutional care while also aligning with what most people prefer. Helping individuals remain in the least restrictive setting can benefit both taxpayers and the people receiving services. Finally, programs like MFP help remove barriers that prevent people from exercising their right to choose where they receive care. Transitioning from a nursing facility to the community is often not as simple as opening the front door and leaving. Many individuals need assistance securing housing, obtaining household items, modifying their homes for accessibility, or coordinating services. Without dedicated funding and support, these barriers can become insurmountable. Kansas has made progress over the years in expanding home and community-based services, but significant challenges remain. Housing shortages, workforce shortages among direct care workers, and waiting lists for services continue to make community living difficult for many people. The loss of Money Follows the Person means one fewer tool available to help Kansans return home.
The Kansas Capitol's second-floor rotunda features various flags, murals, and statues.
By Barb Conant May 1, 2026
2026 legislative wrap-up for long-term care advocates in Kansas.