Statutory and federal regulations

State and federal governments regulate skilled nursing facilities and intermediate care facilities, mainly with respect to their participation in Medicare and Medicaid. National standards for nursing homes serve as extended care facilities are effectively included in the federal Medicare health insurance program for the aged people.

federal regulations ensure that each nursing facility develop and implement written policies as well as procedures prohibiting mistreatment, neglect, or abuse of older people. Older people in such a nursing facility are entitled to receive verbal and written notice regarding the rights and services in the place of staying. This notice is given prior to or upon admission, and periodically throughout the people’s stay, in a language that the aged people can understand. Finally, the aged people acknowledge their receipt of such notice in writing.


Legal rights

Nursing home residents have the right to see family members, ombudspersons or other resident advocates, physicians, service providers, and representatives of the state and federal government. They may keep and use their personal possessions and clothing without endangering health and safety.

They have the right to apply for and receive Medicare and Medicaid benefits and no need to leave home when they receive such benefits. A nursing home must treat all individuals the same, regardless of whether they are private payers or Medicare or other Medicaid recipients.

They have the right to keep their clinical and personal records confidential. They are aware of services offered by Medicare and Medicaid and the additional services for which they will be charged combined with fees for those services. They cannot be tied down or given drugs to restrain them to treat their medical symptoms. They are not required to deposit their personal funds with the nursing home, and if they request that the home manage their funds, the home should do so according to state and federal record-keeping requirements.

They have the right to maintain privacy in their rooms, medical treatment, communications, visits, and meetings with family and resident groups. They have the right to stay in the nursing home and can be removed only if it is necessary for the resident's welfare, or the resident no longer needs the facility's services.

It is necessary to prevent harm to the health or safety of others in the health care facility and if the resident fails to pay after reasonable notice then the facility ceases to operate automatically. Before the patients wish to transfer for hospitalization or therapy, the nursing home must inform them about the length of time that their beds should be hold open for their return, which is known to bed hold period.