Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding nursing home residents’ rights is brought to you as a public service by the lawyers of the State of Oregon. The material presented is intended to alert you to possible legal problems and solutions.
You may be considering nursing home care for someone in your family. Or, because of a sudden health crisis, someone you love may unexpectedly be in the care of a nursing facility. In either case, there are things you and that person should know to help protect that person’s safety, health, and well-being.
Both federal and state laws protect the rights of vulnerable people when they are in nursing facilities that accept Medicare or Medicaid payments.
Nursing facilities require new residents to enter into a written contract for care. Family and nursing home residents should know that a nursing home contract is not likely to contain an acknowledgment of all of the rights the resident and resident’s family have. The contract may try to get you to give up certain rights, or take on certain responsibilities you have no duty to take on. It may even contain terms that violate state or federal laws.
Nursing homes cannot require a third party to guarantee payment as a condition for resident admission or continuation of stay. Someone who signs a contract as a "responsible party", however, may be signing on not only to be a contact in case of emergency, but also as the one who will assume full financial responsibility for the resident expenses at the facility. If you have signed an admission contract on behalf of someone else, you should obtain legal advice about your rights.
Nursing facilities may not restrict the visiting hours of family and relatives, so long as the resident consents to the visits. The facility can require that the visits take place in a location where they won’t disturb other residents who are sleeping or who are receiving care or treatment. Even non-family members can be subjected only to reasonable restrictions on visits, again in consideration of the rights of other residents.
A nursing facility cannot evict residents just because it doesn’t like them.
A nursing home resident has the following rights:
the right to be fully informed—by word and in writing—of the policies and procedures that protect the person’s other rights
all of the rights of citizenship the person has in the United States
the right to know all of the services available at the facility, including whether it is certified for Medicare or Medicaid residents, and the right to assistance in applying for those benefits
the right to be fully informed about the person’s own health condition
the right to choose one’s own physician
the right to refuse medication, treatment, or care
the right not to be forced to perform therapeutic activities
the right to be free from punishment and involuntary isolation
the right to be free from verbal, physical, sexual, and mental abuse
the right to be free from chemical or physical restraints except on a doctor’s order and as a last resort for the person’s safety
the right not to be transferred or discharged without good cause, advance notice, a discharge or transfer plan, and the right to a hearing to stop the proposed change
the right not to be sent to a new room without a good reason, advance notice, and sufficient preparation
the right to make suggestions and complaints and to have the staff act promptly in response, and the right to be free from retaliation of any kind for making complaints or suggestions
the right to be treated with courtesy and respect
the right to privacy when receiving treatment or personal care
the right to get and send mail and to make and receive phone calls without anyone else’s interfering
the right to associate with anyone the resident chooses, in private if the resident requests privacy
the right to keep medical and personal records confidential (except as needed to evaluate the facility and follow up on complaints about your care)
the right to inspect the person’s own records, and the right to purchase copies of all records
the right to participate in any social, religious or community activity the person chooses
the right to keep and use personal clothing and belongings, as space permits, and to have lockable storage space for personal belongings
the right to be reimbursed for belongings lost or stolen by facility employees
the right not to sign any contract or agreement that claims the person agrees to give up any of these rights
Anyone who has concerns or complaints about the treatment of a person in a nursing home can contact the Oregon Office of the Long Term Care Ombudsman, at 503-378-6533 or toll free at 800-522-2602. Concerns about the resident’s treatment and safety also can go to local Area Agencies on Aging or to the statewide elder abuse hotline at 800-232-3020.
To learn more about the terms of a contract a nursing home wants you to sign—either for yourself or a family member—it is important to have the advice of an attorney before you sign the contract. Once the contract is signed, in most cases the signor is bound by the terms. An attorney knowledgeable about nursing home law can explain the provisions of the contract, determine whether those provisions seem lawful, and help resolve any questions and problems the contract presents.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.