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.

5 Questions to Ask When Choosing a Long-Term Care Facility

May 21, 2025
Choosing a long-term care facility for yourself or a loved one is one of the most important decisions you can make. Beyond basic safety and cleanliness, the right facility should support a person’s independence, dignity, and overall quality of life. To help you make an informed choice, here are five essential questions to ask, along with key follow-ups that can give you a deeper sense of what daily life will be like at the facility. 1. How does the facility support independence and person-centered care? Person-centered care means that residents are active participants in their care and daily routines. Ask: Can residents choose when to wake up and go to bed? Are meals and activities tailored to individual preferences? Is there flexibility for “early birds” and “night owls”? Look for signs that staff respect residents’ individuality—such as accommodating dietary preferences and encouraging participation in meaningful activities. 2. What medical and rehabilitation services are available on-site? Quality care goes beyond assistance with daily activities. Ask about: Access to hospice care and pain management Availability of wound care and ostomy specialists In-house physical, occupational, speech, and mental health therapies Staffing levels—how many nurses and aides are on duty at different times of day? These services can have a major impact on recovery, mobility, and comfort. 3. What is the atmosphere like during meals and activities? Daily life should be engaging and social. Ask to observe a meal or an activity session. Consider: Are residents out of their rooms and interacting with others? Do meals look appetizing and meet special dietary needs? Is assistance with eating provided promptly and respectfully? Also ask about field trips, volunteer involvement, and whether there is an active activities room or calendar of events. 4. What do current residents and families say about their experience? Talking to those already living in or visiting the facility can give you valuable insight. Ask residents: Do staff respond quickly when you call for help? Do you enjoy your meals and feel your privacy is respected? Are you involved in decisions about your care? Ask families: Are you promptly notified of any accidents or health changes? Do you feel comfortable raising concerns? Is there a Family Council and does the facility listen to it? 5. How transparent and responsive is the administration? A responsive leadership team is key to resolving issues and maintaining quality. When meeting with the Administrator or Director of Nursing, ask: How do you handle complaints? How are staff trained and how long do they typically stay? What’s your policy on resident rights, such as refusing treatment? You can also ask to review the admission contract, learn about costs and refund policies, and understand how care decisions are made if the resident is unable to speak for themselves. Want more questions to ask? Visit our full guide: Is This the Nursing Home to Choose?  It includes detailed sections on services, nursing care, residents' rights, and conversations to have with administrators, staff, and families. At Kansas Advocates for Better Care, we believe everyone deserves compassionate, dignified, and person-centered long-term care. Asking the right questions is the first step to getting it.

Advocacy in Action (May 2025): Statewide Senior Resource Directory Secured in FY 2026 Budget!

By Lenette Hamm • May 1, 2025
Thanks to the dedicated advocacy of KABC and our coalition partners, Kansas has taken a major step forward in improving access to long-term care information. We’re thrilled to share that the Fiscal Year 2026 state budget includes $190,000 in dedicated funding for the creation of a comprehensive statewide senior resource directory , a direct result of our persistent efforts to ensure older adults and their families can navigate care options with confidence and clarity. Language in the approved budget bill reads: “That expenditures in an amount of not less than $190,000 shall be made by the above agency from such account during fiscal year 2026 to create a comprehensive statewide resource directory to provide essential information on long-term care options: And provided further, That such directory shall be accessible in an up-to-date online version as well as in a printable version.” This is a huge win for older Kansans, caregivers, and care professionals , and it builds directly on the success of local efforts like the Douglas County Senior Resource Directory . We know that when people have access to clear, trustworthy information, they are better equipped to make decisions that support dignity, independence, and well-being in aging. We are proud that our voice, and YOURS, was heard. From providing testimony, to meeting with legislators, to amplifying the call for this essential resource, this achievement belongs to all of us who believe that quality care begins with access to information. Next Steps: We’ll be working closely with the Kansas Department for Aging and Disability Services to support the development of this directory and ensure it meets the needs of Kansans statewide, both in print and online. T hank you for standing with us. This is advocacy in action and together, we’re making a difference.