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.
On Monday, October 13th, Dan Goodman, Executive Director of Kansas Advocates for Better Care (KABC), delivered testimony before the Robert G. Bethell Joint Committee on Home & Community Based Services & KanCare Oversight. His remarks focused on the urgent need to strengthen Kansas’ long-term care system through sustainable funding and workforce investments. Goodman urged legislators to provide additional funding for the Home and Community-Based Services (HCBS) Frail Elderly waiver , noting projected shortfalls of $27 million in FY26 and $70 million in FY27. Without intervention, hundreds of older Kansans could face placement on a waitlist as early as this fall—delaying access to critical in-home services and increasing the risk of premature institutionalization. He also highlighted the need to support and stabilize the state’s long-term care workforce by exploring innovative approaches used in other states. For example, New Mexico’s Competitive Pay for Professionals program has helped attract and retain workers by linking higher wages to improved reimbursement rates and accountability measures. Goodman suggested Kansas consider similar models to strengthen its caregiving workforce and ensure providers can offer competitive pay. KABC remains committed to advocating for policies that promote quality care, protect older adults, and sustain a strong, well-supported caregiving system across Kansas. Read KABC’s full testimony here: View Testimony (PDF) Watch a full recording of the committee here: YouTube Link
On October 1st and 2nd, the 2025 Special Committee on Health and Social Services met, with the first day devoted to nursing home surveying and credentialing. The joint committee of both House and Senate members heard from the Kansas Department for Aging and Disability Services (KDADS), the Long-Term Care Ombudsman, industry representatives from Kansas and out of state, administrators, and contractors. Notably absent were the voices of consumers, their family members, and facility staff , the people most affected by long-term care policy. The committee heard information about: Survey Backlogs and Staffing Challenges KDADS contracts with the federal government to inspect adult care homes for health and safety compliance. KDADS has struggled for years to meet federal requirements, due in large part to recruiting and retaining nurse surveyor positions. More than half of the 60 approved positions were vacant earlier this year. As a result, Kansas currently averages 19.9 months between nursing home inspections , far beyond the federal requirement of 12-15.9 months. With just over 300 federally licensed facilities in the state, timely inspections are critical to protecting residents. To address this, KDADS eliminated 15 vacant positions and raised starting pay: up to $60,000 for multidisciplinary surveyors and $67,000 for RNs . The agency is also considering incentives to encourage more RNs to work as surveyors. Kansas has one of the highest rates of the most serious deficiencies, known as Immediate Jeopardy (IJ) deficiencies, in the nation , citations for situations where resident health and safety are at serious risk. The committee explored the possibility of privatizing the survey process. Resident Rights at Risk Testimony also revealed troubling practices in some nursing homes, including charging residents $200–$300 per month in “pharmacy provider” or “medication set-up” fees if they choose to use an outside pharmacy. This practice undermines residents’ right to choose their own providers and unfairly penalizes private-pay residents, already shouldering an average of $7,000–$8,000 per month in nursing home costs. Involuntary Discharges and the Ombudsman’s Recommendation The Long-Term Care Ombudsman urged lawmakers to expand discharge reporting requirements. As she noted: “Federal regulations require a notice to be sent to our office for a facility-initiated transfer (involuntary discharge) in federally licensed nursing homes, but that is not the case for state licensed homes, assisted livings, home pluses and residential health care facilities. With the help of our office, we can often help resolve the reason for the discharge notice to prevent a resident transfer or support the resident to ensure a transition occurs safely.” The committee heard concerns from representatives of the nursing home industry and decided to delay making a recommendation on this issue, noting that additional information is needed. KABC has advocated for not only strengthening the reporting requirements but also giving residents of assisted living facilities the same right to appeal an involuntary discharge that nursing home residents enjoy. Raising the Personal Needs Allowance The Personal Needs Allowance (PNA) for nursing home residents is a monthly stipend that Medicaid recipients can use for personal expenses. In Kansas, the PNA is just $62 per month. Many residents express concern that this amount is insufficient to cover basic personal expenses such as haircuts or undergarments. An immediate increase to the allowance is needed, along with an ongoing adjustment to keep pace with rising costs. The Long-Term Care Ombudsman recommended a PNA increase to the national average of $72 with an additional annual Cost of Living Adjustment. KABC’s Position KABC will continue to advocate for: • Strong oversight of nursing homes. • Resident rights protections, including freedom of choice in providers. • Central inclusion of residents and staff voices in all policy discussions. You can watch the hearing on the Kansas Legislature’s YouTube channel here . KABC will continue to monitor these conversations closely as the 2026 legislative session approaches.