Living In A Nursing Home
Pub. Health Law § 2803-c — patients' rights, and the right to remain in care
In New York, every nursing home adopts and makes public a statement of patients' rights and responsibilities, posts it, gives a copy to each patient at or before admission, and treats patients in line with it.
Private communications, and refusing treatment. Every patient has the right to private communications and consultations with their physician, attorney and any other person, and to refuse medication and treatment after being fully informed of and understanding the consequences.
Remaining in care. Every patient has the right to remain in care unless appropriately discharged or transferred under the law on discharges, and a facility shall not attempt to compel or retaliate against someone who chooses to remain.
Grievances and visitors. A patient may present grievances to staff, the administrator, government officials or anyone else without fear of reprisal, and no facility may retaliate against anyone for complaining to a long term care ombudsman. A patient may name the family members and other adults who get priority to visit.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe home decides when a resident has to go | What the law actually doesThe right to remain unless appropriately discharged or transferred |
| The assumptionRefusing treatment is not the resident's call | What the law actually doesThe right to refuse medication and treatment once informed |
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 York attorney.
Sources for this section (1)
- Pub. Health Law § 2803-c — Rights of patients in certain medical facilities
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.