Long Island Elder Law & Estate Planning

Nursing home rights New York

If you are a nursing home resident, it should mean that you have healthcare needs that require around the clock medical care and support. That, in turn, means that you are dependent on the staff at the nursing home to meet those needs. Most nursing homes provide competent care and treat residents with care and dignity; however, there are exceptions to that general rule. Knowing your rights is crucial if you feel you are not being treated as you should be in a nursing home. Toward that end, the Long Island attorneys at Eghrari Law Firm explain your rights as a nursing home resident in New York.

Knowledge Is Power: Why You Should Know Your Rights

Seniors often try to delay the move to a nursing home, opting to stay within the familiarity and comfort of their own home or that of a loved one. The eventual transition to a nursing home is often dictated by the essential need for consistent and thorough care, leading residents to depend on the facility’s staff for various necessities. Entrusting strangers with everything from medical care to emotional support frequently leaves seniors feeling a profound sense of vulnerability. A thorough understanding of your rights under such circumstances becomes increasingly vital.

New York Nursing Home Resident Rights

The good news for nursing home residents is that both state and federal laws provide you with a plethora of rights. Most of those rights can be found through the New York State Department of Health website. Some of the most important rights you have as a New York State nursing home resident include the right to:

  • Dignity, respect and a comfortable living environment.
  • Quality of care and treatment without discrimination.
  • Freedom of choice to make your own, independent decisions.
  • Be informed in writing about services and fees before you enter the nursing home.
  • The safeguard of your property and money.
  • Privacy in communications.
  • Choose your own schedule, activities and other preferences that are important to you.
  • Receive visitors of your choosing at the time of your choosing.
  • An easy-to-use and responsive complaint procedure.
  • Be free from abuse including verbal, sexual, mental, and physical abuse.
  • Be free from restraints.
  • Exercise all your rights without fear of reprisals.

Can I Be Evicted from a Nursing Home?

A common fear among nursing home residents is the fear of being evicted or transferred to another facility. In the State of New York, you cannot be sent to another nursing home or made to leave the nursing home unless any of the following are true:

  • The transfer or discharge is necessary for your welfare and your needs cannot be met in the facility.
  • The transfer or discharge is appropriate because your health has improved sufficiently so you no longer need the services provided by the facility.
  • The safety of individuals in the facility is endangered due to your clinical or behavioral status.
  • The health of individuals in the facility would otherwise be endangered.
  • You have failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility. Nonpayment applies if you do not submit the necessary paperwork for third party payment or after the third party, including Medicare or Medicaid, denies the claim and you refuse to pay for the stay. For a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only allowable charges under Medicaid; or
  • The facility ceases to operate.

You also have the right to:

  • Receive 30-day written notice of the facility’s plan and reason to discharge or transfer you,
  • except in emergencies.
  • Appeal a transfer or discharge with the New York State Department of Health.

Do You Have Additional Questions about Nursing Home Rights in New York?

For more information, please join us for a FREE estate planning seminar. If you have additional questions about nursing home rights in New York or you feel your rights have been violated, contact the Long Island elder law attorneys at Eghrari Law Firm by calling us at 631-265-0599 to schedule your appointment.

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About Eghrari Law Firm

Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill Read More!