Guide

Nursing home resident rights and how to file a complaint

Updated October 15, 2026 · Reviewed against official sources

Knowing these rights isn't about distrusting the facility: it's so the family, the resident and the staff are all on the same page. Good nursing homes explain these rights at admission and put them into practice every day. This guide sums up what the law says and what steps to take if a problem comes up.

Where these rights come from

Nursing homes that receive Medicare or Medicaid payments must meet the federal requirements for participation, which are in Title 42 of the Code of Federal Regulations, Part 483. Section 42 CFR 483.10 lists the resident's rights. States can add their own protections, but they can't take away the federal ones.

Assisted living communities and residential care homes don't have a federal standard: residents' rights there depend on each state's law. Even so, the ombudsman serves their residents too.

The resident's main rights

• Dignity and respect. To be treated with courtesy and to keep their identity, customs and privacy.
• To be informed. To be told their rights and the facility's rules at admission, both verbally and in writing. The law requires that information be given in a way they can understand, including in a language the resident understands, and that notices be given in a format and a language they can understand.
• To know their health status and take part in their care plan.
• To accept or refuse treatment, and to make an advance directive.
• To choose their attending doctor, as long as the doctor is licensed and meets the requirements.
• To have visitors. The resident decides who they see and when, and can turn down a visit. Family members have immediate access, with the resident's consent; other visits may have reasonable limits for clinical or safety reasons.
• To manage their money. The facility can't require the resident to deposit their funds with it. If it manages the funds at the resident's request, it must keep them in a separate account, provide statements every quarter, and hand them over within 30 days after discharge or death.
• Privacy and confidentiality of their medical records, mail and phone calls.
• To be free from abuse, neglect and exploitation, and from physical restraints or drugs used as punishment or for convenience.
• To file complaints without retaliation.
• Protection in transfers and discharges. The facility can discharge or transfer a resident only for specific reasons, with written notice that explains how to appeal. In general, notice must be given at least 30 days in advance, except in cases like a health emergency. If the resident appeals, in most cases they can stay while a decision is made.
• To see inspection results. The facility must post the results of the most recent inspection where people can see them, and show the results from the last 3 years to anyone who asks.

What the law says about the admission agreement

These federal rules help you read the contract with peace of mind. It's a good idea to check that the document reflects them:

• Personal guarantee. A certified nursing home can't require a son, daughter or other relative to guarantee payment with their own money as a condition of admission. It can ask the person who legally manages the resident's money to sign so the bills are paid with the resident's income and assets.
• Arbitration. An arbitration agreement (settling disagreements with an arbitrator instead of going to court) is optional and can't be a condition for admission or for continuing to receive care. If you sign it, you have 30 calendar days to cancel it.
• Medicaid. The facility can't ask the resident to promise not to apply for Medicare or Medicaid. A person with Medicaid can't be asked for gifts, donations or extra payments as a condition for being admitted or for staying.

If something isn't clear, ask them to explain it. Our visit checklist and the guide how to choose a nursing home help you prepare your questions.

First step: talk with the facility's team

Most questions and problems get solved quickly when they're raised early and respectfully. The care staff know your loved one up close and almost always want the same thing you do.

1. Talk with the charge nurse or the social worker. Explain what you noticed and what you'd like to see change.
2. If that doesn't solve it, ask for a meeting with the director of nursing or the administrator.
3. Ask for a care plan meeting to go over the situation as a team.
4. Use the facility's formal grievance process. The law requires it to be in writing, with a person in charge of it, and requires that you get a response.
5. Keep a simple record: dates, names, what you talked about and what was agreed.

Many facilities have a resident council and a family council. The law requires the facility to give them a private space, listen to their recommendations and respond promptly. It's a good way to improve things as a group and to get to know the team.

The long-term care ombudsman

The Long-Term Care Ombudsman Program exists in every state thanks to the Older Americans Act. It's free and confidential, and it isn't part of the facility.

• It represents residents of nursing homes, assisted living and residential care homes.
• It helps resolve complaints on behalf of the resident, and only with their permission.
• It explains rights and options, and can go with you to meetings with the facility.
• It can help if the facility gives a discharge notice and your loved one doesn't agree.

The ombudsman usually visits facilities regularly and knows their teams, which makes the ombudsman a good ally for finding solutions that work for everyone. To find the one in your area, use the directory at ltcombudsman.org or call the Eldercare Locator: 1-800-677-1116, Monday through Friday, 9 a.m. to 8 p.m. Eastern Time; if you prefer Spanish, ask for it when you call.

Filing a formal complaint with the state agency

Each state has a State Survey Agency, usually part of the health department, that inspects nursing homes on behalf of CMS (the federal agency for Medicare and Medicaid). You can file a complaint if you believe the standards for care, staffing, hygiene or rights aren't being met. At admission, the facility must give you this agency's contact information in writing.

• You can file it by phone, online or in writing, depending on the state.
• You can ask that your name be kept confidential.
• The agency may do an unannounced inspection. What it finds is later published in the inspection report, along with the facility's plan of correction.
• For example, in Illinois the Department of Public Health has a 24-hour complaint hotline: 1-800-252-4343.

To find your state's agency, ask the ombudsman or the Eldercare Locator. For assisted living, you file the complaint with the state agency that issues licenses.

Inspection results are reflected in Medicare's Care Compare. On each listing in our directory, we show the star ratings, the abuse icon and whether the facility is in the Special Focus Facility program. See what each one means in how to read Medicare star ratings.

If there is danger or you suspect abuse

• Immediate danger: call 911.
• Tell the facility's management, the state survey agency and the ombudsman.
• Adult Protective Services (APS) handles cases of abuse, neglect or exploitation of older adults at home or in the community and, in some states, in care facilities too. The Eldercare Locator can give you their contact information.
• If you suspect theft of money or identity theft, also tell the bank and the police.

To recognize changes in your loved one and know how to respond calmly, read what to do if you suspect abuse or neglect.

What information to have on hand

• The full name of the resident and of the facility, the address and the room number.
• What happened, when, and who was there.
• Names of the staff members you spoke with.
• Copies of documents and of the facility's responses.

If your loved one doesn't speak English, ask for an interpreter at meetings and during any investigation. Read our guide on nursing homes with Spanish-speaking staff.

💬Frequently asked questions

Can they stop me from visiting my mom if I complain?

No. Federal law protects the right to file complaints without retaliation and the resident's right to see their family. Visits can only have reasonable limits for clinical or safety reasons, or because the resident doesn't want the visit.

Does the ombudsman work for the nursing home?

No. It's an independent, free and confidential program that represents the resident. It works together with the staff to solve problems.

What do I do if the facility wants to discharge my loved one?

Read the written notice: it must explain the reason, the date and how to appeal. Call the ombudsman as soon as possible; they can help you prepare the appeal and talk with the facility.

Can I complain without giving my name?

In general, yes, you can ask for confidentiality when you file a complaint with the state agency. Ask how it works in your state.

State laws add different protections. This guide is general information and is not a substitute for legal advice.

Sources

• eCFR, 42 CFR 483.10, resident rights: https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.10 (accessed October 15, 2026)
• eCFR, 42 CFR 483.15, admission, transfer and discharge: https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.15 (accessed October 15, 2026)
• eCFR, 42 CFR 483.70, administration (arbitration agreements): https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483/subpart-B/section-483.70 (accessed October 15, 2026)
• ACL, Long-Term Care Ombudsman Program: https://acl.gov/programs/Protecting-Rights-and-Preventing-Abuse/Long-term-Care-Ombudsman-Program (accessed October 15, 2026)
• National Consumer Voice, find an ombudsman: https://ltcombudsman.org/ (accessed October 15, 2026)
• Eldercare Locator (ACL), contact information: https://eldercare.acl.gov/Public/About/Contact_Info/Index.aspx (accessed October 15, 2026)
• ACL, Adult Protective Services (APS TARC): https://apstarc.acl.gov/home (accessed October 15, 2026)
• Illinois Department of Public Health, nursing homes: https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes.html (accessed October 15, 2026)
• Medicare.gov, Care Compare: https://www.medicare.gov/care-compare/ (accessed October 15, 2026)
• ACL, "Help with Housing or Services" (Eldercare Locator hours): https://acl.gov/HousingandServices/FindHelp (accessed October 15, 2026)

This is general information, not medical, legal or financial advice. Rules vary by state and by year: confirm with the official agency that applies to you.

👉Keep reading

How to read star ratings

What Care Compare star ratings measure for a nursing home: inspections, staffing, and quality. What the abuse icon and the SFF program mean.

Choosing a place for care

How to choose a nursing home: assess the need, check the license, star ratings and inspections, visit, what to ask and how to read the contract.

Care plan meeting

What a nursing home care plan meeting is, how often the MDS assessment is done, who takes part, what to bring and what to ask the care team.

Worried about nursing home or assisted living care? What to do

What to do if you're worried about a loved one's care in a nursing home or assisted living: 911 in an emergency, the staff, the ombudsman, and the state.