Legal Question in Elder Law in New York

Rights of Nursing Home Patients

The list of rights is long. A few include:

* Nursing home residents have the right to see family members, ombudspersons or other resident advocates, physicians, service providers, and representatives of the state and federal government.

* Residents may keep and use their personal possessions and clothing unless doing so would endanger health and safety.

* Residents have the right to apply for and receive Medicare and Medicaid benefits and cannot be asked to leave a home because they receive such benefits.

* A nursing home must treat all individuals the same, regardless of whether they are private payers or Medicaid recipients.

* Residents have the right to keep their clinical and personal records confidential.

* Nursing home residents have the right to choose their own personal physician.