Living In A Nursing Home
Health & Saf. Code 1599.1 — a residents' bill of rights, whatever the payment source
In California, every skilled nursing and intermediate care facility sets written policies on residents' rights and makes them available to the resident, the family and the public. The section lists the facility's obligations beside them: an adequate number of qualified staff, care to prevent bedsores, food that meets residents' needs, and a working nurses' call system.
The federal rules apply whatever the payment source. The federal resident rights rules, as in effect on July 13, 2017, apply to every skilled nursing and intermediate care facility regardless of how the resident pays or whether the facility is certified for Medi-Cal or Medicare, with a narrow exception for a noncertified facility's notices about those programs. Every resident may appeal an involuntary transfer or discharge through the federal appeal process.
Refused readmission after a hospital stay. A resident who was hospitalized and is refused readmission may appeal the refusal, which is treated as an involuntary transfer. A Medi-Cal resident who appeals stays in the hospital until the hearing officer decides, unless they agree to placement in another facility.
No drugs for discipline or convenience. A resident has the right to be free from psychotherapeutic drugs used for discipline or convenience, or as a chemical restraint outside an emergency, and the right to the information that matters to deciding whether to accept them.
| The assumption | What the law actually does |
|---|---|
| The assumptionRights depend on whether the home takes Medi-Cal | What the law actually doesThe federal rules apply regardless of payment source or certification |
| The assumptionOnce in the hospital, the bed is gone | What the law actually doesA refused readmission can be appealed as an involuntary transfer |
| The assumptionSedating a difficult resident is a staff decision | What the law actually doesNo psychotherapeutic drugs for discipline or convenience |
Facilities taking Medicare or Medicaid funding are subject to a further set of federal resident rights alongside these, which are not on this page. Whether conduct breaches the section is a question for a licensed California attorney.
Sources for this section (1)
- Health & Saf. Code 1599.1 — Skilled nursing and intermediate care facility patient's bill of rights
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.