Does the resident at nursing home have right to choose their visitors, like former aides who were fired wrongfully?

[Nurse Beth, MSN]

Yes, residents in nursing homes have the right to choose their visitors, including former aides who were fired. This is a fundamental part of residents' rights, which are protected under federal and state laws, particularly the Nursing Home Reform Act.

These rights include the ability to receive visitors of their choice, and the facility cannot restrict this right without a valid reason.

Resident Rights to Choose Visitors

If a resident wants to visit with a former aide (even if the aide was fired), they have the right to do so unless there's a clear, documented reason why the visit would be harmful or disruptive. For example, if the former aide posed a direct risk to the resident's safety or well-being (e.g., a history of abuse), the facility could restrict visits. However, this must be backed by specific concerns and supporting documentation.

Facility's Role

The nursing home cannot prevent a resident from having a visitor simply because the visitor was previously employed by the facility, especially if that employee was fired. However, the facility can establish specific rules, such as requiring visitors to sign in or visit during particular hours. They may also limit visits if they interfere with the safety or care of other residents.

Conclusion

If a resident feels their right to choose visitors is being restricted unfairly (e.g., by a nursing home denying access to a former aide without cause), they can file a complaint with the state's long-term care ombudsman or the facility's administrator to resolve the issue.

 If the facility is wrongfully denying this right, the resident or their family can seek assistance from legal or advocacy resources to challenge the restriction.

I hope this helps,

Nurse Beth