Resident’s Rights
Persons who live in a Residential Care Facility for the Elderly or in an Assisted Living Facility keep the rights they have had all their lives. They also gain special rights under state laws and regulations.
The basic rights for residents are outlined below. If a person is unable to exercise these rights, family members, legal representatives, or consumer advocates (e.g., Ombudsmen) can act on the resident’s behalf to protect and promote these basic rights.
Fairness and Dignity
- Visit facility prior to signing a contract.
- Review a copy of the admission agreement.
- Receive written information about all services and their costs, and the policies and procedures governing the care facility.
- Be free from discrimination because of age, race, religion, physical or mental disability, gender, sexual orientation, financial status, nationality, or family status.
- Be treated with courtesy, respect, and dignity.
- Be informed and given a copy of the resident’s personal rights in a language that is understandable.
- Be given information on how residents and others can file complaints.
Safety
- Live in a safe and clean environment.
- Keep and use personal belongings without loss or theft.
- Be free from punishment, humiliation, intimidation, isolation, or retaliation.
- Safely store personal belongings.
Freedom
- Be free from physical, emotional and verbal abuse and neglect.
- Be free from restraining devices.
- Participate in religious, social, community and other activities.
- Leave the facility and return without unreasonable restriction.
- Be free from unjustified room transfers or discharge (eviction) from the facility.
Self-Determination
- Choose one’s doctor, pharmacist, and other health care providers.
- Be given all information about their condition, care, and needs.
- Make their wishes known about personal care and medical treatment; have advance directives, such as powers of attorney for health care.
- Participate in the development of one’s own plan for care and services.
- Refuse treatment or services.
- Express preferences with respect to room, roommates, food, and activities.
- Use personal belongings and furnishings as space permits.
- Manage and control personal finances, or be given a written record of all transactions.
- Voice grievances to the facility staff, family, licensing agency, the Ombudsman Program or any other person, without fear of reprisal or retaliation.
- File complaints and have them promptly addressed and resolved.
- Organize and participate in a resident council and recommend changes and improvements in the facility’s policies and services.
- Receive assistance in exercising the right to vote.
- Move from the facility.
Privacy
- Have personal privacy, including visits, telephone calls, and unopened mail.
- Have reasonable access to telephones in making or receiving confidential calls.
- Communicate privately and freely with any person.
- Guarantee of privacy during bathing, medical treatment, and personal care.
- Maintain confidential records.
See CANHR’s Fact Sheet, Outline of Residents’ Rights, for more detailed information on rights of RCFE residents.
The most pertinent laws are found in California Health and Safety Code, Sections 1569.1, 1569.30, 1569.31, 1569.312, 1569.313 and the most relevant regulations in California Code of Regulations, Title 22, Division 6, Sections 80072, 87468, and 87221.
Page Last Modified: October 17, 2008
