Nursing Home Residents Statutory Rights in North Carolina

Every patient in the nursing home has the legal right to be treated with respect. Nursing home residents have certain statutory rights. These rights include:

To be treated with consideration, respect and full recognition of personal dignity and individuality;
To receive care, treatment, and services that are adequate and appropriate and in compliance with relevant federal and State statutes and rules;
To receive at the time of admission and during stay, a written statement of services provided by the facility, including those required to be offered on an as needed basis, and of related charges. Charges for services not covered under Medicare and Medicaid shall be specified. The patient will sign a written receipt upon receiving the above information;
To have on file physician’s orders with proposed schedule of medical treatment. Written and signed evidence of prior informed consent to participation in experimental research shall be in patient’s file;
To receive respect and privacy in his/her medical care program. All personal and medical records are confidential;
To be free of mental and physical abuse. Except in emergencies, to be free of chemical and physical restraint unless authorized for a specified period of time by a physician according to clear and indicated medical need;
To receive from the administration or staff of the facility a reasonable response to all requests;
To associate and communicate privately and without restriction with persons and groups of the patient’s choice at any reasonable hour. To send and receive mail promptly and unopened. To have access to a telephone where the patient may speak privately. To have access to writing instruments, stationary and postage;
To manage his/her own financial affairs unless other legal arrangements have been implemented. The facility may also assist the patient, but is required to follow stringent guidelines;
To have privacy in visits by the patient’s spouse, and if both are patients in the same facility, they shall be given the opportunity, where feasible, to share a room;
To enjoy privacy in his/her room;
To present grievances and recommend changes in policies and services personally, through other persons or in combination with others, without fear of reprisal, restraint, interference, coercion or discrimination;
To not be required to perform services for the facility without personal consent and the written approval of the attending physician;
To retain, to secure storage for, and to use his or her personal clothing and possessions, where reasonable;
To not be transferred or discharged from a facility except for medical, financial, or their own or other patient’s welfare, nonpayment for the stay or when mandated by Medicare or Medicaid. Any such transfer shall require at least five days’ notice, unless the attending physician orders immediate transfer, which shall be documented in the patient’s medical record;
To be notified within ten days after the facility’s license is revoked or made provisional. The responsible party or guardian must be notified as well.