When a loved one moves into a nursing home, families expect them to be safe, treated with respect, and given proper care. But not every facility follows the rules. Nursing homes must follow strict laws to protect residents from harm. If they break these rules, it can lead to serious problems for the people they’re supposed to care for.
Here are 10 things that nursing homes are not allowed to do.
1. Abuse Residents
Nursing homes are not allowed to hurt or abuse their residents in any way. Abuse can be physical, like hitting or pushing, but it can also be emotional, financial, or even sexual. Yelling, insulting, or threatening residents counts as emotional abuse. Taking their money or valuables without permission is financial abuse.
Sadly, abuse happens more often than it should. In surveys, about 12% of nursing home workers admitted they had abused residents.
2. Neglect Basic Needs
Neglect is when nursing home staff fail to give residents the care they need. This includes not helping them bathe, eat, get dressed, or use the bathroom. It also includes not giving medicine on time or leaving them in dirty clothes or bedsheets. If a resident gets bedsores, becomes dehydrated, or loses a lot of weight, it might be a sign of neglect.
Even if a facility is short-staffed, that doesn’t excuse neglect. Every resident has the right to receive proper care.
3. Deny Medical Treatment or Proper Care
Nursing homes must provide the care each resident needs, based on their personal health plan. This includes giving them the right medication, physical therapy, or help with chronic conditions like diabetes or dementia.
It’s illegal to withhold treatment just to save money or due to poor planning. Mistakes like skipped doses, wrong medication, or ignoring a health issue can lead to serious harm.
4. Take Away Resident Privacy
Residents in nursing homes have the right to privacy. Staff must knock before entering a room, and residents should be allowed to have private conversations, phone calls, and visits. Personal and medical records must also be kept confidential.
Breaking a resident’s privacy is not only wrong—it’s against the law.
5. Make Decisions Without the Resident’s OK
Nursing home staff can’t make big decisions for residents without their permission. This includes choices about medical treatments, finances, or even daily routines. If a resident has dementia or Alzheimer’s, decisions may be made by a legal guardian or family member, but even then, the resident’s wishes should be considered.
Residents have the right to control their own lives as much as possible.
6. Stop Residents From Filing Complaints
Residents have the right to speak up if something is wrong. Nursing homes can’t punish or scare people for making complaints. They must have a process in place for handling concerns, whether it’s a suggestion box, meetings, or a formal complaint system.
Trying to hide problems or scare residents into staying quiet is illegal.
7. Abandon Residents During a Closure
If a nursing home closes, they must follow legal rules to protect residents. They have to give written notice at least 60 days in advance and help find new homes for everyone. Just shutting down and leaving residents without care is called abandonment—and it’s a serious violation.
8. Hire Staff With Dangerous Backgrounds
Nursing homes can’t hire people who have a record of abuse, violence, or neglect. All staff must go through background checks before they’re allowed to work with residents.
The Elder Justice Act requires nursing homes to report and track any abuse. Failing to screen workers properly can put everyone at risk.
9. Stop Residents From Seeing Visitors
Residents have the right to see their family, friends, and even spiritual advisors. Nursing homes can’t isolate them or block visits unless there’s a health emergency, like a contagious illness. Even then, alternatives like phone or video calls must be allowed.
Isolation can cause serious emotional harm, especially since nearly 60% of residents don’t get regular visitors.
10. Control a Resident’s Money
Nursing homes are not allowed to take over a resident’s bank account or handle their money without permission. If they do manage funds, they must keep clear records and report everything. Using a resident’s money without consent is financial abuse.
Every resident has the right to manage their own finances or choose someone they trust to do it.
Know Your Loved One’s Rights
Many of these rules come from the Nursing Home Reform Act of 1987 and the Elder Justice Act. These laws were created to protect nursing home residents and make sure they live with dignity and respect.
If you think a nursing home is breaking the law or mistreating your loved one, speak up. Watch for signs like sudden weight loss, fear around staff, unexplained bruises, or changes in behavior. These can be signs of abuse or neglect.
What You Can Do
If you suspect abuse or feel something isn’t right, don’t wait. Talk to the nursing home director, call your state’s long-term care ombudsman, or report it to adult protective services.
You can also reach out to a lawyer to learn your legal options. Taking action could protect your loved one—and others, too.
Get Help If You Suspect Abuse or Neglect
If you think a nursing home is doing something illegal or harmful to your loved one, it’s important to act fast. You may be able to file a complaint, start an investigation, or take legal steps. Our attorneys can help you understand your rights and what steps to take next.
Call (910) 777-5734 today to speak with someone who can help.