Long-Term Care Regulations

Long-term care facilities care for the elderly or people with disabilities who need assistance with the activities of daily living. Medicare, the federal program providing healthcare services to those aged 65 and older, pays for long-term care in certain instances when skilled nursing care is required. The Centers for Medicare and Medicaid Services (CMS) regulates long-term care facilities in conjunction with state and local authorities.

Rights of Long-Term Care Facility Residents

• A long-term care facility resident has the right to access his medical or clinical records. Facilities must present information to residents concerning their physical well-being in a language understandable to the resident. Medicare recipients living in a long-term care facility must be informed of clinical services and costs of such services and whether these services are paid for by the Medicare program. A facility resident must be informed of any changes that may impact her rights as a resident, including amendments to federal and state law.

Quality of Life

• A facility residents has the right to make decisions impacting his quality of life. Residents have the right to receive visitors and a facility must afford a private space for group meetings. Facility residents have the freedom to participate in religious and social activities of their choosing. Residents also have the right to live in a clean and safe long-term care facility that is well maintained. Long-term care centers must allow residents to bring in personal items for their private use.

Transfer and Discharge

• A patient is transferred when moved to a bed outside the long-term care facility. Unless requested, a resident may not be transferred or discharged unless his health or safety is endangered or a patient's health condition has improved so that long-term care is no longer necessary.

Pharmacy Services

• A long-term care facility must provide pharmaceuticals to residents. A licensed pharmacist must be available to dispense drugs and prescribed biological materials to residents. On a monthly basis, a pharmacy must review a resident's drug utilization. Long-term care facilities are required to maintain proper storage and labeling of pharmaceuticals and biologics.

Dietary Services

• Facility residents have the right to a well-balanced diet that meets their individual dietary needs. The facility must employ a dietitian to provide meal management services. A facility may employ aides who assist with dietary services. Aides who assist with dietary services must meet state requirements for licensing or certification. A registered nurse must provide oversight of dietary aides.