Social Service Designee / Activities Director
Chapter 1

Resident Rights

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Learning Objectives

By the end of this module, students will be able to:

  • Understand and summarize the federally protected rights of residents in long-term care facilities.

  • Apply Kansas-specific resident rights protections in facility practices.

  • Recognize the role of SSDs and Activities Directors in upholding resident dignity and autonomy.

  • Identify violations of resident rights and appropriate responses.

Resident’s Rights: Upholding Dignity in Long-Term Care Facilities

In long-term care (LTC) settings, particularly nursing homes and assisted living facilities, residents are entitled to rights that ensure their safety, dignity, autonomy, and quality of life. These rights are protected under federal regulations (42 CFR § 483.10) and Kansas Administrative Regulations (K.A.R. 26-39-105 and K.S.A. 39-1401 et seq.).

Federal Resident Rights Overview

The Nursing Home Reform Act of 1987, part of the Omnibus Budget Reconciliation Act (OBRA), established fundamental rights for residents:

  • Freedom from abuse and neglect

  • Respect and dignity

  • Self-determination and participation in care decisions

  • Privacy and confidentiality

  • Accommodation of needs and preferences

  • Access to grievances and advocacy

These rights must be communicated in a language and format residents understand.

Kansas-Specific Protections

Kansas adds specific provisions that reinforce and expand on federal guidelines:

1. Personal and Civil Rights (K.S.A. 39-1403)

Residents retain their rights as citizens:

  • To vote

  • To manage their finances (unless legally restricted)

  • To communicate freely (including phone, mail, and visitation)

2. Right to Be Informed (K.A.R. 26-39-105)

Facilities must:

  • Provide written statements of rights

  • Disclose all costs and charges

  • Explain services and rules clearly

3. Protection Against Involuntary Discharge or Transfer

Residents can only be transferred for:

  • Medical needs

  • Non-payment

  • Facility closure

  • Safety of other residents

Facilities must provide:

  • A 30-day written notice

  • The reason for transfer

  • Contact info for the Kansas Long-Term Care Ombudsman

4. Right to Privacy and Respect

Staff must:

  • Knock before entering rooms

  • Respect personal belongings and religious practices

  • Protect confidential information

5. Right to Social Interaction and Meaningful Activities

  • Residents have the right to participate in programs of their choice

  • SSDs and Activities Directors must provide inclusive, culturally sensitive, and meaningful engagement opportunities

6. Grievances and Complaints

Residents have:

  • The right to voice complaints without fear of retribution

  • Access to internal grievance procedures

  • The ability to contact the Kansas State Long-Term Care Ombudsman (1-877-662-8362)

Role of SSDs and Activities Directors

Social Services Designees and Activities Directors play a critical role in upholding residents’ rights by:

  • Monitoring resident satisfaction and well-being

  • Educating residents on their rights

  • Intervening when rights are threatened

  • Developing resident-centered care and activity plans

  • Advocating during care plan meetings and family conferences

Video Resource

🎥 Resident Rights in Long-Term Care

Check for Understanding: Quick Review Questions

  1. Which federal law originally outlined resident rights in long-term care?
    A. HIPAA
    B. OBRA ✅
    C. ADA
    D. SSA

  2. What is required by Kansas law before an involuntary transfer?
    A. A phone call
    B. A note on the chart
    C. A 30-day written notice ✅
    D. Consent from a guardian only

  3. What role does the Ombudsman play?
    A. Decides medical treatment plans
    B. Enforces payment
    C. Advocates for residents and resolves complaints ✅
    D. Supervises clinical care

  4. Residents have the right to all of the following EXCEPT:
    A. Refuse medical treatment
    B. Vote in elections
    C. Manage finances regardless of court orders ✅
    D. Participate in planning their activities

Citations

  • Code of Federal Regulations (42 CFR § 483.10)

  • Kansas Administrative Regulation K.A.R. 26-39-105

  • Kansas Statutes Annotated K.S.A. 39-1401 through 39-1410

  • Kansas Long-Term Care Ombudsman Office: https://ombudsman.ks.gov

  • Medicare Rights Center. (2021). Resident Rights in Long-Term Care. YouTube Video