RCW Advocates For Long Term Care Resident Councils
Resident's Rights and Resident Council Rights
If you are a resident or have a loved one in a nursing home, this information highlights your rights. Residents' rights are part of the federal Nursing Home Reform Law enacted in 1987 in the Social Security Act. The law requires nursing homes to "promote and protect the rights of each resident" and places a strong emphasis on individual dignity and self-determination. Nursing homes must meet residents' rights requirements if they participate in Medicare or Medicaid. The following is an overview of the ways that the law protects residents' rights, quality of life, services and activities. A more detailed list of residents' rights can be found at LTC resident rights.
The Nursing Home Reform Law legally protects rights of nursing home residents:
The Right to be Fully Informed
The Right to Participate in Their Own Care
The Right to Make Independent Choices
The Right to Privacy and Confidentiality
The Right to Dignity, Respect and Freedom
The Right to Security of Possessions
Rights During Transfer and Discharge
The Right to Complain
The Right to Visits
Advocates for Residents' Rights
Resident Council Rights in Nursing Homes and Assisted Living Facilities
The nursing home resident council unlike the family council is an resident organization within the nursing home whose members usually are residents of the home. All residents of the home can participate in the resident council just by the fact that they reside within the home. The resident council has powerful rights in nursing homes and boarding homes, these resident council rights protect the rights of residents.
(1) Each facility shall have resident council consisting of representatives elected by facility residents. Elections shall be held annually.
(2) The council shall annually elect a chair from among its members. The chair shall call and preside at council meetings.
(3) The resident council shall serve in an advisory capacity to the respective superintendents and to the director in all matters related to policy and operational decisions affecting resident care and life in the facility, to include, but not be limited to, input into the biennial budget making process and facility supplementary policies and procedures. The superintendent shall give due and proper consideration to such input.
(4) Each resident council shall:
(a) Actively participate in development of choices regarding activities, food, living arrangements, personal care and other aspects of resident life; and
(b) When so requested by a resident, serve as an advocate in resolving grievances and ensuring resident rights are observed.
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