10 Things Nursing Homes Can’t Do (And How to Fight Back if They Cross the Line)

Nursing homes aren’t above the law, but some act like they are.

Your loved one didn’t give up their rights at the front door. From unauthorized medication to improper restraints, there are clear lines nursing homes can’t cross. But too often, they do – counting on families not knowing any better.

It’s time to level the playing field. Here are 10 things nursing homes absolutely cannot do, why they matter, and exactly how to fight back if they try. Whether you’re considering a facility or already have a family member in one, this guide gives you the tools to protect your loved one’s dignity, health, and legal rights.

1. Blatant Discrimination is Banned

Whether it’s racism, ableism, ageism or other forms of unfair treatment, discrimination has no place in nursing homes. The Civil Rights Act, Americans with Disabilities Act, and other federal laws explicitly prohibit facilities from:

• Denying admission based on race, color, national origin, disability, age or religion
• Segregating residents or providing inferior care due to protected characteristics
• Failing to accommodate disabled residents so they can fully participate

Equality is non-negotiable. If you suspect foul play, file a formal complaint with the state health department, long-term care ombudsman, or pursue a civil rights lawsuit.

2. Allowing Abuse & Neglect is Unforgivable

Physical, emotional, verbal, or financial mistreatment of nursing home residents is against the law and a profound breach of trust.

Neglect, while more subtle, is equally unacceptable. No senior should waste away from malnutrition, develop bedsores from lack of repositioning, or deteriorate from untreated infections.

Staff must be properly vetted and trained to interact with residents respectfully. The first hint of mistreatment needs to be taken deadly seriously. Don’t stay silent if you notice unexplained bruises, fear of caregivers, missing belongings, or unsanitary conditions.

Your loved one deserves justice.

3. Unnecessary Restraints are Restricted

Physical restraints are a last resort, only allowed when medically necessary and ordered by a doctor. Otherwise, it’s abusive and illegal.

Frequent restraint use, injuries around wrists/ankles, and sudden decline in mobility are major warning signs. Raise hell with the facility higher-ups and demand the doctor reassess the need ASAP.

4. Discharging Residents Against Their Will is a No-Go

Barring very specific circumstances, nursing homes can’t just kick residents to the curb on a whim. Doing so is illegal under federal nursing home regulations.

Involuntary discharges are only permitted if the resident’s health improves, their needs can’t be met, or they endanger others’ safety – and only with 30 days written notice. Even then, facilities must provide extensive discharge planning and not pressure Medicaid residents to waive appeal rights.

An improper discharge threat should be promptly reported to the long-term care ombudsman. An experienced nursing home attorney like us can also help you fight back and keep your loved one safely in place.

5. Access to Visitors Can’t Be Unreasonably Restricted

Residents have the federally protected right to welcome visitors at reasonable times. While temporary COVID precautions have created some wiggle room, facilities can’t arbitrarily limit guests without good cause. Visitation is vital for emotional well-being and quality of life.

If the nursing home makes it excessively difficult for you to see your loved one, ask pointed questions about their policies. Escalate to a supervisor if individual staff are uncooperative. Having an attorney apply some pressure can also go a long way in restoring rightful visitor access.

6. Violating Privacy is Never Permissible

From medical records to shower practices, details about residents’ lives are sacred and private. HIPAA laws safeguard the confidentiality of personal information. Employees cannot access files they’re not authorized for or openly discuss private details of residents’ health.

Residents have the right to send and receive mail/calls without interference and to give consent before their image or information is shared. If you discover a facility is gossiping about private affairs or mishandling records, you can file a formal HIPAA complaint. That tends to make privacy violators shape up quickly.

7. Financial Exploitation is Forbidden

Nursing homes are supposed to protect residents from financial abuse, not perpetrate it themselves. Unless a court-appointed guardian is involved, residents retain control over their own money and assets.

Facilities can’t require residents to hand over funds or make it a condition of admission. If they do agree to safeguard money, they’re obligated to keep it in a separate account, provide regular statements, and obtain consent before any transactions. Anything less is exploitative and illegal.

Manipulating residents into gifting money, changing wills, or giving up property is outright thievery. Don’t hesitate to consult an attorney specializing in financial abuse to help your loved one reclaim what’s rightfully theirs.

8. Retaliation Against Complainers is Reprehensible

Here’s the bottom line: Nursing home residents have the right to voice concerns without fear of punishment. It’s literally written into federal law. Homes must provide a clear grievance procedure and investigate all complaints. Negative action against a resident for speaking out is blatantly illegal.

If your loved one suddenly has privileges revoked, gets worse treatment, or is threatened after filing a complaint, the facility needs to be held accountable. Notify the long-term care ombudsman and call in aggressive legal backup to protect your loved one from further harm. Retaliation is never okay.

9. Residents Must Be Included in Their Care Decisions

Nursing homes can’t steamroll residents into care plans without their input. Under federal law, your loved one has the right to actively participate in decisions about their health and well-being. This includes understanding medical treatments, voicing preferences, and giving informed consent before any care or changes are made.

If the facility is making decisions behind closed doors or pressuring residents into unwanted treatments, it’s time to step in. Document every interaction and demand a seat at the table.

10. Blocking Access to Advocacy Services Is Off-Limits

No nursing home can isolate a resident from the very people who are there to help—like long-term care ombudsmen, legal representatives, or outside advocates. These resources are crucial for protecting residents’ rights and ensuring their voices are heard.

If a facility is stonewalling efforts to involve an advocate or making life harder for your loved one after they seek help, this is a serious red flag. Advocacy is not just a right—it’s a lifeline. Don’t hesitate to escalate the issue, file complaints, and consult with an experienced nursing home attorney to hold the facility accountable.

Take Control With The Higgins Firm on Your Side

Now that you know what Tennessee nursing homes are not allowed to get away with, you’re better equipped to advocate fiercely for your loved one. You have the law on your side – and us in your corner.

Our experienced legal team serves families across the state and knows the regulations inside out. We’ve taken on the big nursing home corporations for our clients and won. You don’t have to fight this battle alone.

Contact The Higgins Firm today for a free, no-obligation consultation. Our compassionate nursing home abuse attorneys will help you understand your rights, evaluate your case, and create a plan of attack. No upfront costs – we don’t get paid unless you win.

Your loved one deserves to be treated with utmost dignity and respect. Let’s work together to make sure that happens. Always.