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.

By Libby Hastings September 3, 2025
Dan Goodman, KABC Executive Director, recently provided testimony to both the Kansas Department for Aging and Disability Services (KDADS) and the Kansas Department of Health and Environment (KDHE) during their Fiscal Year 2026 budget hearings. Our message was clear: Kansas must invest in systems that protect the dignity, independence, and well-being of older Kansans. Key Recommendations from KABC Protect Access to In-Home Services • Projected shortfalls of $27M in FY26 and $70M in FY27 threaten the HCBS Frail Elderly Waiver. • Without funding, older Kansans may face a waitlist for services, leading to premature nursing home placement. Strengthen Care Coordination • Frail Elderly, Physically Disabled, and Brain Injury waiver recipients currently lack dedicated case management. • KABC urged implementation of the long-overdue $20M Community Care Coordination Service. Improve Oversight & Resident Protections (KDADS) • Surveyor vacancies are near 50%, delaying inspections and weakening resident protections. • We called for wage increases and innovative staffing models to close gaps in oversight. Increase the Personal Needs Allowance • Nursing home residents in Kansas receive only $62/month for personal expenses. • KABC supports raising this allowance—closer to the $70 national average—and tying it to cost-of-living adjustments. Continue the Statewide Senior Resource Guide (KDADS) • KABC requested $150,000 to maintain and distribute the statewide guide annually. • This investment ensures older Kansans have access to accurate, trusted information on care and services. Why It Matters By 2030, more than 20% of Kansans will be age 65 or older. Budget decisions made today will directly impact whether older Kansans can age with dignity, safety, and independence. Read KABC’s full testimonies to KDADS here and KDHE here .
September 2, 2025
Steve shares his journey through multiple long-term care facilities after a major surgery, describing repeated medication errors, poor food quality, untrained staff, and systemic neglect. His story highlights how understaffing, weak oversight, and profit-driven management leave residents without advocacy and dignity.