Resident’s Bill of Rights
 
The New York State Health Code guarantees to all nursing home residents the right to:
  • A dignified existence
  • Self determination
  • Respect
  • Full recognition of his or her individuality
  • Consideration and privacy in treatment and care for personal needs
  • Personal privacy and confidentiality of his or her personal and clinical records
  • Approve or refuse to approve the release of personal or clinical records to any individual outside the facility
  • Privacy in written communications, including the right to send and receive undisturbed mail promptly and access to stationery, postage and writing implements
  • Regular access to the private use of a telephone that is wheelchair accessible and useable by hearing impaired and visually impaired residents
  • Exercise his or her rights as a resident of the facility and as a citizen or resident of the United States and New York State, including the right to vote and the right to voice grievances without discrimination or reprisal
  • A cause of action for damages for deprivations or infringements of his or her right to adequate and proper treatment and care
  • Recommend changes in policies and services to facility staff and/or any outside representative, free of interference, coercion, discrimination, restraint or reprisal obtain prompt efforts by the facility to resolve grievances the resident may have
  • Exercise his or her individual rights or have his or her rights exercised by a person authorized by State law
  • Inspect all records, including clinical records, pertaining to himself or herself within 24 hours after request
  • Examine the results of the most recent survey of the facility
  • Receive information from agencies acting as resident advocates and be afforded the opportunity to contact these agencies
  • Be free from verbal, sexual, mental or physical abuse, corporal punishment and involuntary seclusion and free from chemical and physical restraints
  • Exercise his or her civil and religious liberties, including the right to independent personal decisions and knowledge of available choices
  • Adequate and appropriate medical care
  • Be fully informed by a physician in a language or form that the resident can understand, using an interpreter when necessary, of his or her total health status, including but not limited to his or her medical condition, including diagnosis, prognosis and treatment plan.
  • Ask questions and have them answered
  • Refuse to participate in experimental research
  • Refuse medication and treatment after being fully informed and understanding the probable consequences of such actions
  • Choose a personal attending physician from those who are permitted to practice at the facility
  • Be fully informed in advance about care and treatment and of any changes in care or treatment that may affect the resident's well being
  • Participate in planning care and treatment
  • Participate in the development of his or her comprehensive care plan
  • Self-administer drugs if the interdisciplinary care team has determined this is safe request and be provided information concerning his or her specific assignment to a RUG group
  • Be informed of the name, office address, phone number and specialty of his or her primary physician
  • Refuse to perform services for the facility
  • Retain, store securely and use personal possessions, as space permits locked storage space in his or her room
  • Share a room with his or her spouse, relative or partner when these residents live in the same facility and both consent to the arrangement
  • Privacy for visits with spouse, relative or partner who lives outside of the facility participate in the established residents' council
  • Meet with and participate in activities of social, religious and community groups at his or her discretion
  • Receive kosher food upon request when he or she wishes, as a matter of religious belief, to observe Jewish dietary laws
  • To manage his or her personal finances
  • Choose activities, schedules and health care consistent with his or her interests, assessments and plans of care
  • Interact with members of the community both inside and outside the facility
  • Make choices about aspects of his or her life in the facility that are significant to the resident
  • Organize and participate in resident groups in the facility
  • Participate in social, religious and community activities that do not interfere with the rights of other residents in the facility
  • Reside and receive services in the facility with reasonable accommodation of individual needs and preferences
  • Receive notice before the resident's room or roommate is changed