Living In A Nursing Home
N.J.S.A. 30:13-5 — visitors at any reasonable hour, and grievances without threat of discharge
In New Jersey, the rights of every nursing home resident are set out in one section.
Visitors and the telephone. A resident has the right to unrestricted communication, including personal visits with any persons of their choice at any reasonable hour, to unaccompanied access to a telephone at a reasonable hour, and to receive and send unopened correspondence.
Refusing treatment, and complaining. A resident has the right to refuse treatment, and to present grievances to the administrator, state agencies or others without threat of discharge or reprisal in any form.
Money and other rights. A resident manages their own financial affairs unless they or their guardian authorize the administrator in writing, attested by a witness unconnected with the nursing home. A resident may not be deprived of any constitutional, civil or legal right solely because of admission to a nursing home.
| The assumption | What the law actually does |
|---|---|
| The assumptionVisiting hours are whatever the home allows | What the law actually doesPersonal visits with any persons of the resident's choice at any reasonable hour |
| The assumptionThe home can take over a resident's money | What the law actually doesOnly on written authorization, witnessed by someone unconnected with the home |
| The assumptionComplaining risks being asked to leave | What the law actually doesGrievances without threat of discharge or reprisal |
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 New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 30:13-5 — Rights of nursing home residents
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.