Information on Protection in Nursing Homes

Nursing home residents have the same civil and constitutional rights as they did when they were living on their own. There are federal statutes that recognize the vulnerability of nursing home residents and protect their rights.

Title XX of the Social Security Act

• This act compels each state to establish and fund protective services for adults and children. States are required to establish adult protective services that prevent or remedy abuse, neglect and exploitation of nursing home residents.

Long-Term Care Ombudsman Program

• In 1978, Congress directed all states to establish a long-term care ombudsman program to specifically protect nursing home residents from abuse and neglect. The ombudsman programs advocate for nursing home residents, looking out for their best interests regarding personal safety, health, welfare and rights.

Older Americans Act

• The Older Americans Act provides grants to states for social and nutrition services, research on aging and development projects for older Americans. The act includes civil and constitutional rights protection for vulnerable elder Americans.

Nursing Home Reform Act

• The Nursing Home Reform Act of 1987 dictates the national minimum standards for care and rights of nursing home residents. It requires all nursing homes that receive Medicare and Medicaid funds to provide care and services following established protocols that allow residents to attain and maintain the best possible physical, mental and psychosocial well-being. The minimum standards are intended to be a baseline for care. The act also places importance on happiness and fulfillment for residents.