[Code of Federal Regulations]
[Title 12, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR483.10]
[Page 504-509]
TITLE 42--PUBLIC HEALTH
CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES--(Continued)
PART 483--REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES--Table of Contents
Subpart B--Requirements for Long Term Care Facilities
Sec. 483.10 Resident rights.
The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the
rights of each resident, including each of the following rights:
(a) Exercise of rights.
(1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.
(3) In the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the
resident's behalf.
(4) In the case of a resident who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with State law may exercise the resident's rights to the extent provided by State law.
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This is the beginning of Section 483.10 of Title 42 of the Federal Regulations. This section is often referred to as the Residents' Bill of Rights. These regulations apply to every resident in every nursing home in the United States.
You don't lose any rights by moving into a nursing home. All rights granted to adult American citizens still apply including freedom of speech, the freedom to vote, and all other rights.
You have the right to complain, make suggestions, or otherwise voice your opinion on any topic.
In a case of incompetence, these rights also apply to the appointed guardian.
This gives the responsible person or the holder of a Power of Attorney the same rights.
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