You keep all your civil and human rights when you move to a long-term care facility. Whether it’s assisted living or a skilled nursing facility, California residents have specific rights that are protected by both state and federal regulations. These rights are designed to ensure that residents receive proper care and are treated with dignity and respect. Key rights include:
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Right to Information
Residents must be fully informed of their rights, services available, and their own health condition. This includes the right to receive all pertinent information about their treatment, allowing them to make informed decisions about their care, in their preferred language.
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Consent to Treatment
Residents have the right to consent to or refuse treatment, including participation in experimental research. They can also choose to manage their own health care decisions or appoint a representative for this purpose.
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Privacy and Dignity
Facilities must ensure that residents are treated with respect and have the right to privacy, including confidentiality in communications, visits, and medical treatment.
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Freedom from Abuse and Restraints
Residents have the right to be free from verbal, sexual, physical, and mental abuse, as well as involuntary seclusion. Physical or chemical restraints can only be used if they are necessary to treat a resident's medical symptoms and with proper consent.
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Transfer and Discharge Rights
Residents can only be transferred or discharged under specific conditions, such as when their needs can no longer be met, they no longer require nursing care, or they fail to pay for services. The facility must provide notice and ensure safe transfer or discharge plans.
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Management of Personal Funds
Residents can manage their own finances or designate the facility to do so. If the facility manages the funds, it must keep them in a separate account and provide an accurate accounting.
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Access to Visitors and Advocacy
Residents can have visitors they choose at a time they choose, as long as it doesn’t interfere with another resident’s rights. Residents are entitled to access advocates, such as the Long-Term Care Ombudsman, to help resolve complaints.
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Form or Participate in Resident or Family Council
Residents have a right to form or participate in a resident group to discuss issues and concerns about the facility’s policies and operations, often called "resident councils." The facility must give residents meeting space and must listen to and act upon grievances and recommendations of the group. Family members and legal guardians may meet with the families of other residents and may participate in a family council, if one exists.
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Voting Rights
The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States, including voting. The resident must be supported by the facility and staff in the exercise of his or her right to submit a ballot in person, by mail, or other appropriate means.
These rights are protected by federal law under the Nursing Home Reform Act (42 CFR §483.10) and California regulations, ensuring that residents are safeguarded against mistreatment and neglect in long-term care facilities.
For more information about residents’ rights, ask the staff at your or your loved one’s facility, contact the Long-Term Care Ombudsman office in your county, or call the Long-Term Care Ombudsman CRISISline 24/7 at 800-231-4024.