Resident Rights in South Carolina Nursing Homes
Placing a loved one in a nursing home is one of the hardest decisions a family can make. Once that decision is made, it’s natural to want reassurance that they’ll be treated with dignity and care. Fortunately, state law and federal protections work to ensure that nursing home residents are given specific rights, from medical decision-making and privacy to freedom from abuse and retaliation.
Understanding these rights is the first step toward making sure they’re upheld. At The Law Office of Mark C. Tanenbaum, P.A., our Charleston nursing home and elder abuse attorneys believe that our loved ones deserve the utmost respect and dignity as they age. If a family has been treated negligently in a nursing home facility, our legal team wants to hear from you.
Federal and State Protections
Nursing home residents in South Carolina are protected by both federal and state laws. At the federal level, the Nursing Home Reform Act (passed as part of the 1987 Omnibus Budget Reconciliation Act) set a national baseline of rights for residents of any facility that accepts Medicare or Medicaid funding. This includes a Bill of Rights that affords protections around informed consent, quality of care, and freedom from physical restraints.
South Carolina built on that foundation with its own law, the Bill of Rights for Residents of Long-Term Care Facilities, codified as SC Code §44-81-10 et. seq. This state law expands on federal protections and gives residents (and their families) a clear, enforceable set of rights specific to South Carolina nursing facilities.
What Rights are Enumerated Under South Carolina Law?
The South Carolina Bill of Rights addresses five areas: medical care, personal treatment, privacy and confidentiality, communication, and financial protections.
The Right to Make Medical Decisions
Residents retain the right to choose their own attending physician, to be fully informed in advance of any changes to their care or treatment, to participate in planning their own care, and to refuse to participate in experimental research.
Rights During Transfers and Discharges
Residents must be transferred or discharged only for medical reasons, for the welfare of themselves or other residents, or nonpayment. The facility must provide 30 days’ written notice, unless waiving the notice requirement is necessary to protect the health, safety, or welfare of other residents.
Dignity and Freedom From Abuse
Residents must be treated with consideration and respect. They have the right to be free from physical or mental abuse and physical or chemical restraints (unless ordered by a physician).
Privacy and Protected Communications
Residents are entitled to private phone calls, unopened mail, and visits from people of their choosing (at reasonable times). Additionally, residents must be assured of the security of their personal possessions and the confidentiality of their medical records. A resident must approve or refuse the release of medical records to any individual outside the facility, except for transfers to another health institution or as required by law or a third-party payment contract.
Protection from Retaliation
Perhaps most importantly, it is illegal for a facility to punish, coerce, threaten, or withdraw privileges from a resident for asserting their rights or the rights of another resident.
Nondiscrimination
Facilities cannot treat residents differently because of sex, race, color, national origin, or religious beliefs. Residents also cannot be discriminated against based on how their care is funded, whether through private pay, Medicaid, or a waiver program.
Financial Protections
Residents have the right to manage their own finances. If a facility manages a resident’s funds with their consent, it must provide a quarterly accounting statement.
Steps to Take If You Suspect a Violation
If you believe a loved one’s rights are being violated, our legal team recommends taking the following actions:
Document Everything
Write down dates, times, specific incidents, and any injuries or changes in your family member’s mental or physical condition that you observe.
Inform the Facility
Use the facility’s grievance process to put your concerns in writing. Each facility is required to institute a grievance process that allows complaints to be filed on behalf of or by residents. The department must review and approve these grievances annually.
Contact the Long-Term Care Ombudsman Program
An advocate can investigate your complaint independently of the facility.
Consult Our Nursing Home and Elder Abuse Lawyers
If informal channels don’t resolve the issue, our experienced nursing home and elder abuse attorneys can help you understand your legal options and hold the facility accountable.
Concerns About a Loved One’s Care? Do Not Hesitate to Speak with Our Charleston Nursing Home and Elder Abuse Attorneys Today
If something doesn’t feel right about your loved one’s care, trust your instincts. At The Law Office of Mark C. Tanenbaum, we are dedicated to preventing nursing home neglect and abuse one case at a time. When you contact our team of legal professionals, we listen to what’s happening, explain your legal options in plain language, and advocate on your loved one’s behalf. To schedule your free consultation, contact our Charleston nursing home and elder abuse lawyers online or by calling (843) 577-5100.