By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Where the rights come from
Federal law sets the requirements for Medicare skilled nursing facilities in 42 U.S.C. 1395i-3 and for Medicaid nursing facilities in 42 U.S.C. 1396r. Each statute has a subsection titled “Requirements relating to residents’ rights.” The Medicaid statute also requires services that help each resident “attain or maintain the highest practicable physical, mental, and psychosocial well-being” (1396r(b)(2)). The detailed rules are in 42 C.F.R. part 483.
Everyday rights inside the facility
The federal resident rights rule (42 C.F.R. 483.10) covers daily life:
- A dignified existence and self-determination, with access to people and services inside and outside the facility (483.10(a))
- Visitors of the resident’s choosing at the time of the resident’s choosing, subject to the resident’s right to refuse visits and reasonable limits that protect other residents (483.10(f)(4))
- A roommate of choice when practicable, if both residents agree (483.10(e)(5))
- Personal privacy and confidential personal and medical records (483.10(h))
- Prompt notice to the resident, a call to the physician and notice to the representative after an accident with injury, a significant change in condition, or a decision to transfer or discharge (483.10(g)(14))
- The right to manage personal finances, without being required to deposit funds with the facility (483.10(f)(10))
The money rules have more detail, which our page on nursing homes and Social Security checks covers.
Freedom from abuse and chemical restraints
Residents have the right to be free from abuse, neglect, misappropriation of their property and exploitation, and from physical or chemical restraints imposed for discipline or convenience and not required to treat medical symptoms (42 C.F.R. 483.12). The Medicaid statute also protects residents from physical or mental abuse, corporal punishment and involuntary seclusion (42 U.S.C. 1396r(c)(1)(A)(ii)).
California’s patients’ bill of rights gives residents the right to be free from psychotherapeutic drugs used as punishment or for convenience and from chemical restraints, except in specified emergencies, and the right to material information before agreeing to or refusing those drugs (Health & Safety Code 1599.1(j), (k)). Texas lists the right to be free from physical or chemical restraints imposed for discipline or convenience, and the right to refuse consent to psychoactive medication (Health & Safety Code 242.501).
When abuse is suspected, our page on how to report nursing home abuse lists the agencies and the facility’s reporting deadlines.
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Transfer and discharge: the 30-day rule
Federal rules allow a transfer or discharge only for listed reasons: the resident’s needs cannot be met there, the resident’s health has improved enough, the safety or health of others is endangered, the resident has failed to pay after reasonable notice, or the facility is closing (42 C.F.R. 483.15(c)(1)).
| Requirement | Federal rule |
|---|---|
| Notice | Written notice at least 30 days before the move. It may come as soon as practicable when others’ safety or health is endangered, the resident’s health has improved enough for a faster move, urgent medical needs require it, or the resident has lived there fewer than 30 days (483.15(c)(4)). |
| Contents | The reason, the date, the destination, appeal rights with the name and contact of the appeal entity, and the contact information for the State Long-Term Care Ombudsman (483.15(c)(5)) |
| Appeals | No transfer or discharge while a properly filed appeal is pending, unless the delay would endanger the resident or others and the facility documents that danger (483.15(c)(1)(ii)) |
| Hospital stays | Written bed-hold information before and at the time of a hospital transfer (483.15(d)) |
Washington applies a similar 30-day notice rule, with the same kinds of exceptions and the ombuds contact in the notice, to the facilities covered by its resident rights chapter (RCW 70.129.110).
State resident rights laws and how they are enforced
| State | Law | Enforcement |
|---|---|---|
| California | The patients’ bill of rights for skilled nursing and intermediate care facilities requires written rights policies, adequate qualified staff, care to prevent bedsores, food that meets residents’ needs and a clean, sanitary facility (H&S Code 1599.1) | A current or former resident, or a legal representative or successor, can sue the licensee for violating a resident’s rights. For violations on or after March 1, 2021, the licensee is liable for up to $500 for each violation, plus costs and attorney’s fees, and can be ordered to stop. A waiver of this right is void (H&S Code 1430(b)). For earlier violations, the California Supreme Court held the $500 cap applies per action (Jarman v. HCR ManorCare, 2020). |
| Texas | Health and Safety Code 242.501 lists rights including freedom from abuse and exploitation, privacy during visits and phone calls, the right to complain about the institution, to manage one’s own finances, to keep personal property, to refuse treatment and to receive unopened mail (242.501). The facility must give each resident a written statement of these rights and post it (242.504). | An administrative penalty for violating a resident right adopted under the rights subchapter may not exceed $1,000 a day for each violation (242.066). |
| Washington | Chapter 70.129 extends the basic rights that federal law gives nursing facility residents to residents of assisted living facilities, adult family homes, veterans’ homes and enhanced services facilities (RCW 70.129.005, 70.129.010). Nursing homes are not on that list. Their residents have the federal rights above and the state nursing home standards in chapter 74.42 RCW. | A vulnerable adult abused, neglected, abandoned or financially exploited while living in a facility can sue for actual damages, costs and a reasonable attorneys’ fee (RCW 74.34.200). |
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
What this means for your case
Keep the admission packet and any rights statement the facility gave you. If you get a discharge notice, check the date, the reason and the appeal information against the federal rule, and appeal quickly. In California, the remedies in section 1430 are in addition to any other remedy provided by law (1430(c)), so a rights claim can sit alongside an injury claim. Injury claims carry their own deadlines, which our page on how long a nursing home lawsuit takes lists. For how the firm reviews these cases, see our nursing home abuse section.
Common questions
Can a nursing home evict a resident with no notice?
Generally no. Federal rules require written notice at least 30 days ahead, with shorter notice only in listed situations such as danger to others or urgent medical needs.
Can a nursing home discharge my mother while her appeal is pending?
Not under the federal rule, unless the delay would endanger her or others and the facility documents that.
Can staff give a resident sedatives to keep them quiet?
Federal and state rules bar chemical restraints used for discipline or convenience that are not needed to treat medical symptoms.
How much can a California resident recover for a rights violation?
Under Health and Safety Code 1430(b), up to $500 for each violation occurring on or after March 1, 2021, plus costs and attorney’s fees.
Does Washington's resident rights law cover nursing homes?
RCW 70.129 extends rights to assisted living facilities, adult family homes, veterans’ homes and enhanced services facilities. Nursing home residents rely on the federal rules and chapter 74.42 RCW. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win. Find more answers in our injury law FAQs.
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Related pages
Sources
- 42 U.S.C. 1395i-3 (Medicare skilled nursing facilities) (law.cornell.edu)
- 42 U.S.C. 1396r (Medicaid nursing facilities) (law.cornell.edu)
- 42 C.F.R. 483.10 (resident rights) (law.cornell.edu)
- 42 C.F.R. 483.12 (freedom from abuse, neglect and exploitation) (law.cornell.edu)
- 42 C.F.R. 483.15 (admission, transfer and discharge) (law.cornell.edu)
- Cal. Health and Safety Code 1599.1 (leginfo.legislature.ca.gov)
- Cal. Health and Safety Code 1430 (leginfo.legislature.ca.gov)
- Jarman v. HCR ManorCare, Inc. (Cal. Aug. 17, 2020, S241431) (law.justia.com)
- Tex. Health and Safety Code 242.501 (statutes.capitol.texas.gov)
- Tex. Health and Safety Code 242.504 (statutes.capitol.texas.gov)
- Tex. Health and Safety Code 242.066 (statutes.capitol.texas.gov)
- RCW 70.129.005 (app.leg.wa.gov)
- RCW 70.129.010 (app.leg.wa.gov)
- RCW 70.129.110 (app.leg.wa.gov)
- RCW 74.34.200 (app.leg.wa.gov)
- Chapter 74.42 RCW (nursing homes, resident care and operating standards) (app.leg.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.