Resident Rights During the Closing of a Nursing Home

Residents haverights when their nursing home is being closed. The below is meant provide anoverview of resident rights during the closure process and sources of helpduring this stressful time. 

Access to the Long Term Care OmbudsmanProgram

The OmbudsmanProgram is an advocate and resource for persons who reside in nursing homes.  During and after the closure of a nursing homeOmbudsmen can:

• Helpresidents and their families understand their rights;

• Empowerresidents to speak up;

• Advocatefor resident rights; and

• Investigateand resolve complaints made by or on behalf of residents.

Contact the LongTerm Care Ombudsman Program at: (716) 817-9222

Resident Must be Able to Participate inLocation of Transfer

Every resident hasthe right to have their needs, likes, and choices honored.  Every resident’s plan for transfer to a new locationmust be tailored to their needs. This includes:

• Rightto be fully informed of the available options for transfer;

• Assurancesthat they will be transferred to the most appropriate facility in accordancewith resident needs and preferences;

• Thisincludes other nursing homes, and possible other alternatives such as an adultcare facility or a return to the community setting.

• Rightto have all questions answered completely and in a way the resident canunderstand; and

• Rightto be kept up to date of the facility’s efforts in finding an appropriate transferlocation.

Every Resident Must be Prepared and Orientedfor Transfer

The facility must prepareand orient all residents for transfer. This is to ensure the transfer is safeand orderly. The orientation must be provided in a form and manner that theresident can understand. This is important in order to minimize anxiety andreduce the likelihood of transfer trauma.

The form andmanner of the orientation and preparation must be resident centered andconsider factors that affect the resident’s ability to understand.

Documentation Must Transfer with theResident

Informationprovided to receiving location must include a minimum of the following:

• Contactinformation of practitioner responsible for care of the resident;

• Residentrepresentative information including contact information;

• AdvanceDirective information;

• Allspecial instructions or precautions for care;

• Comprehensivecare plan; and

• Allother necessary information to ensure a safe and effective transition of care.

Right to File Complaints with the NYSDepartment of Health

During the closureprocess, the facility is required to abide by federal and state laws. If youfeel your rights are being violated you may call the NYS Department of Healthat 1-888-201-4563. The NYS Department of Health is required to investigate andrespond to resident complaints.