This page provides information about rights and resources for individuals residing in a nursing home or long-term care facility.
Your Rights in Nursing Homes
When living in a nursing home, you have the right to:
- Contact and meet with advocates from the disAbility Law Center of Virginia;
- Be free from abuse and neglect and to express concerns without being threatened;
- Be treated with courtesy and respect;
- Be part of social, religious, and community groups unless there are documented reasons why you should
not be a part of that group; - Choose your own healthcare provider from reasonably available sources;
- Access all of your records, including current clinical records, within 24 hours of asking; and
- Be free from restraints except in case of emergency.
Personal Funds
- The facility must have your written permission to manage your personal funds.
- The facility must deposit your personal funds of more than $50 in an interest-bearing account. That account must be separate from any of the facility’s operating accounts.
- You should have access to spending money on an ongoing basis.
Homelike Environment
You have the right to a safe, clean, and comfortable environment which maximizes your independence, and that
includes:
- Protection from property theft
- Housekeeping and maintenance services
- Clean bed and bath linens
- Private closet space in your room
- Adequate and comfortable lighting
- Comfortable and safe temperatures (between 71˚ and 81˚ F)
- Safe sound levels
Advance Directives
The facility must:
- Give you written information about your legal right to make decisions concerning medical care. This
includes the right to accept or refuse medical or surgical treatment, and the right to make advance
directives; - Document any advance directive in your medical record;
- Not discriminate against you based on whether or not you have executed an advance directive; and
- Advise about the tight under state law to make an advance directive
Discharge and Transfer
The facility may only transfer or discharge you under the following circumstances:
- Facility cannot meet your needs and the transfer or discharge is necessary for your welfare; or
- Your health has improved so that you no longer need the nursing home services; or
- Safety of other individuals in the facility is endangered; or
- You have failed, after reasonable and appropriate notice, to pay for a stay at the facility; or
- Facility ceases to operate.
Before a discharge or transfer, the facility, in most cases, must provide notice to you or your family member, representative, or surrogate at least 30 days before the transfer.
That notice must include:
- Reason for the transfer or discharge;
- Effective date of the transfer or discharge;
- Location where you will be transferred or discharged;
- A statement that you have the right to appeal the action to the state;
- Name, address, and phone number of the long term care ombudsman;
- Mailing address and telephone number for the disAbility Law Center of Virginia for nursing facility residents who are mentally ill and/or have developmental disabilities.
How Do I File A Complaint?
To file a complaint or for information, you may contact any of the following:
Virginia Department of Health (VDH)
The Office of Licensure and Certification of the Virginia Department of Health has the responsibility to investigate any complaints regarding alleged violations of regulation or applicable law regarding the following facilities and services:
- Inpatient and outpatient hospitals
- Nursing facilities
- Home Care and Home Health Organizations
- Hospice Programs
- The quality of care provide by managed care health insurance plans
Complaints can be made in writing, via email at OLC-Complaints@vdh.virginia.gov, or by phone at 1-800-955-1819 or in the Richmond Metro Area: (804) 367-2106.
Department of Social Services (DSS)
The Department of Social Services licenses ALFs and, if you have a concern or complaint, you can make a complaint. If you or someone you care about has been abused, neglected, or exploited, contact Adult Protective Services at 1-888-832-3858 regardless of the setting in which the abuse, neglect, or exploitation occurred. If you or someone you support is in immediate danger, call 911.
disAbility Law Center of Virginia
dLCV can provide information, technical assistance and, in some cases, legal representation. You can reach our Office by calling (800) 552-3962.
Our services are free of charge. Advocates are available on Mondays, Wednesdays and Fridays from 8:30 am – 4:00 pm. Call 1-800-552-3962 (toll-free) or 804-225-2042 to request assistance OR complete the Online Request for dLCV Services. If you don’t speak English, we have access to a “language line” that helps us communicate with you in your own language.
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Your Rights in Nursing Homes
Videos
COVID-19: Updates for the Community
This video discusses the current nationwide emergency and its impact on the community we serve. Despite continued challenges, the staff at the disAbility Law Center of Virginia will continue providing advocacy and support to people with disabilities.
If you know about a situation that is unfolding or a rights violation going on in a facility, please call us at 800-552-3962 (Toll-Free).
Constipation & Bowel Obstruction // Advocate For Your Rights
Learn more about constipation… The most common cause of preventable deaths in the community setting.
Welcome back to Rights Here, Rights Now! This podcast episode is all about Urinary Tract Infections. We know, it’s not the most glamorous topic to talk about, but it is very important. UTIs have a wide variety of symptoms and people with disabilities, as well as providers, caretakers, and staff, may not know all the signs so we wanted to create this podcast to share our knowledge and help you all become better advocates.
Our hosts, Virginia and Ren, share examples, signs, symptoms, and helpful tips and tricks but please remember we are not medical professionals so if you would like to learn more about UTIs check out these resources.