Legal Rights of Nursing Home Residents in Georgia

1. The Right to Quality Care

• You are entitled to adequate and appropriate medical, nursing, and personal care.

• You have the right to participate in your own care plan and understand any proposed treatments.

• You or your legal representative can take an active role in developing and reviewing your care plan.

• You can choose your physician and may refuse unwanted treatment or medications.

• You have the right to be fully informed about your health status, treatment options, and any changes in your care.

• You may access your medical records and review them promptly.

2. The Right to Dignity and Respect

• Staff must treat you with courtesy, kindness, and respect at all times.

• Facilities may not discriminate based on age, race, religion, disability, gender, marital status, or payment source.

• You have the freedom to set your own daily routine—when to wake, eat, or join activities.

• You may practice or abstain from any religion and exercise your constitutional rights, including the right to vote.

• You have the right to interact freely with family, friends, and community members.

3. The Right to Privacy and Personal Property

• You may have private visits and confidential phone calls.

• You have the right to send and receive unopened mail.

• You’re entitled to privacy in your personal space and communications, and your medical information must be kept confidential.

• You may manage your own money and keep personal belongings, as long as this doesn’t endanger others.

• You have the right to privacy during personal care and medical treatment.

4. The Right to Stay or Leave Safely

• You may leave voluntarily at any time unless a physician determines that doing so would be unsafe.

• A facility can only transfer or discharge you for legitimate reasons and must give at least 30 days’ written notice.

• You have the right to appeal any transfer or discharge decision.

• Admission contracts cannot restrict or waive your state or federal rights.

5. The Right to Speak Up Without Fear

• You can raise concerns about your care with staff, the state long-term-care ombudsman, or the Georgia Department of Community Health.

• The facility cannot punish, threaten, or retaliate against you for making a complaint.

• You may file a formal complaint with the facility or state agencies without fear of retaliation.

• You have the right to form or join a residents’ council to share concerns and suggest improvements.

6. The Right to Financial Protection

• A nursing home cannot require family members to guarantee payment as a condition of admission.

• You must receive a written explanation of all services and fees before signing an agreement.

• If you receive Medicaid, you are allowed a personal-needs allowance each month for essentials such as clothing or toiletries.

Knowing these rights helps you protect yourself or someone you care about.

Before signing any nursing home paperwork, ask for a written copy of the Residents’ Bill of Rights and read it carefully. If something is unclear, contact a Georgia long-term-care ombudsman or speak with a lawyer who understands state nursing-home laws.

Can a nursing home prevent you from leaving?

No. A nursing home cannot keep a resident against their will unless a court has appointed a guardian or a doctor determines the person is medically unsafe to leave.

Every adult resident has the right to make their own decisions about where they live and to discharge themselves voluntarily if they choose.

Can nursing home residents leave on their own?

Yes, in most cases. Residents who are mentally and physically capable may leave the facility at any time.

If the resident has a legal guardian or medical restrictions, those conditions may limit their ability to leave for safety reasons.

Otherwise, the right to freedom of movement is a protected part of Georgia’s nursing home patient rights.

Can a nursing home kick you out for nonpayment?

Only under certain circumstances. A facility may discharge a resident for nonpayment, but it must follow strict legal procedures, including giving at least 30 days’ written notice and providing information about how to appeal the decision.

Even if payment is an issue, residents still have due process rights, and the facility cannot remove someone suddenly or without valid cause.

Will Medicaid pay for nursing home care in Georgia?

Yes. Medicaid covers long-term nursing home care for Georgia residents who meet income and eligibility requirements.

Applicants must meet both financial and medical criteria.

It’s common for residents to begin as private-pay and later qualify for Medicaid once personal resources are depleted.

You can learn more or apply through the Georgia Department of Community Health or the Division of Family and Children Services (DFCS).

What should I do if I suspect nursing home neglect or abuse?

If you believe a resident is being neglected, mistreated, or living in unsafe conditions, report it immediately.

You can contact the Georgia Long-Term Care Ombudsman Program at (866) 552-4464 (Option 5) or file a complaint with the Healthcare Facility Regulation Division at (800) 878-6442.

In an emergency or if you believe someone is in danger, call 911 right away.