October is Residents’ Rights Month, a time to refocus on dignity, safety, and choice for people living in nursing homes, assisted living, and group homes across Arizona. The National Consumer Voice, a trusted nursing home abuse advocate, has marketed this year’s event with the theme year’s theme, Stand With Me, from Consumer Voice. It calls on all of us to stand together with residents, listen to their experiences, and support their right to quality care and meaningful community. Families play a vital role in that effort.
At Solomon & Relihan, we help Arizona families protect their loved ones every day. Below is a concise guide you can use to understand residents’ rights, ask sharper questions, and take meaningful action if something feels off.
What Residents’ Rights Mean in Arizona
Federal law (OBRA) and Arizona regulations guarantee residents the right to quality care, dignity, privacy, safety, and participation in their own care decisions. That includes access to records, freedom from unnecessary restraints, and the ability to voice concerns without retaliation. Facilities are also required to prevent abuse and neglect and to treat residents equally without discrimination. These are legally enforceable rights.
Questions to Ask When Choosing (or Re-Evaluating) a Facility
Use your visits to your loved one’s nursing home to observe and ask direct, practical questions.
- Staffing and responsiveness: How quickly are call lights answered? How quickly are they answered when staff levels are often at their lowest point – on nights and weekends? Visit at different times to see real-time care.
- When is the next care plan meeting? What has changed since the last care plan meeting, and do you have any goals for our loved one’s care?
- Red flag sweep: Watch for cleanliness issues, inconsistent answers, or low inspection ratings. Crosscheck the facility on AZNursingHomeCompare.com.
- Intentional isolation, humiliation, threats, or mocking (including on social media)
Simple Ways to Stand With a Loved One This Month
- Form or join a Family Council. Sometimes referred to as “Family Groups,” Federal regulations explicitly allow families to organize independent councils, require facilities to provide a private meeting space, and prohibit retaliation. Councils strengthen oversight and get faster results. They are one of the most potent tools families have in their toolkits when improving the care of their loved ones.
- Document and escalate concerns in writing. Keep dated notes, photos, and names of staff notified, then send a written complaint to the Administrator and Director of Nursing and ask for a written response with corrective steps.
- Use Arizona oversight channels when needed. Report ongoing problems to Arizona Adult Protective Services (APS) and the Arizona Department of Health Services (ADHS) Long Term Care Licensing. Both agencies investigate complaints.
- Keep learning. Our Nursing Home Survival Guide outlines Arizona specific tips for spotting warning signs and advocating effectively.
If Rights Are Ignored
Some violations are especially serious. Abuse or neglect, misuse of restraints, discrimination, seizure of resident funds, or excluding residents from their own medical decisions are all red lines and not “how it works” in long term care. When facilities cross those lines, it may be negligence or nursing home malpractice.
Take action quickly:
- If there is immediate danger, call 911.
- Report to APS (statewide) and ADHS Long Term Care Licensing.
- Preserve evidence including copies of care plans, physician orders, wound or fall documentation, lab results, and your written complaints
If you need legal guidance, our Arizona team can help you understand what happened, who is responsible, and how to move forward.
We’re Here for Arizona Families
Residents’ Rights Month is a reminder that your voice matters. It’s on all of us to amplify our loved one’s voices, hold nursing homes accountable, and strengthen awareness within our communities
If your family is facing pushback or ongoing safety issues, we can help. Learn more about nursing home abuse and neglect or contact us for a free consultation with our Arizona nursing home lawyers.