Rights of Those Living in Facilities or Programs
Nursing homes must have written policies guaranteeing the rights of residents and must make the policies available to all residents. Resident rights are guaranteed by the 1987 Nursing Home Reform Law and also by Iowa law. Generally, residents have the right to:
- access their own information and to receive information;
- make complaints;
- receive adequate and appropriate care and be informed and make decisions about their care;
- privacy and confidentiality;
- remain in the facility unless a transfer or discharge is necessary, to be notified in advance of transfer or discharge, and to be safely transferred or discharged;
- dignity, respect, and freedom;
- have visits; and
- have independence.
Those living in assisted living programs or elder group homes (called "tenants") or those receiving adult day services also have rights. The agreement signed with the program, home, or service provider must state those rights.
Federal and State Law
- 1987 Nursing Home Reform Law
- Older Americans Act
- Iowa Code chapter 231 Older Iowans Act
- Iowa Code chapter 135C Health Facilities
- Iowa Code chapter 231C Assisted Living Programs
- Iowa Code chapter 231B Elder Group Homes
- Iowa Code chapter 231D Adult Day Services
Where can I get more information or help?
- The State Office of the Long Term Care Ombudsman can provide information and advocacy to anyone living in a nursing home, assisted living program, residential care facility, or elder group home.
- The OSLTCO can be reached during regular business hours at (866) 236-1430.
- The State Office of the Long Term Care Ombudsman website includes contact information for a local LTCOs.
- You can find more information about the rights of residents and tenants living in long-term care facilities, assisted living programs, and elder group homes in OSLTCO's Resident Rights Brochure.
- The Department of Inspections, Appeals, and Licensing is responsible for licensing and inspecting nursing homes, assisted living programs, residential care facilities, and elder group homes. They also receive and investigate complaints. Search the Direct Care Worker Registry & Health Facility Database for survey reports.
- The Older Iowans' Handbook was developed by the Iowa State Bar Association and provides information about long term care facilities and the rights of people who live in them.
- The Iowa State Bar Association website has helpful information about long term care facilities and the rights of people who live in them. They can also help with finding an attorney through the Iowa Find-A-Lawyer website.
- Disability Rights Iowa is a non-profit agency that protects and advocates for the rights of people with disabilities. They provide free legal services and advocacy in certain cases. You can request help through Disability Rights Iowa's online intake form or by calling 515-278-2502.
- The Centers for Medicare and Medicaid Services (CMS) is the federal agency that oversees nursing homes accepting Medicare and Medicaid. CMS provides information about resident rights and information about nursing home compliance, including reports.