Kentucky Bill of Rights for Residents of Long-Term Care Facilities

Residents in nursing homes are entitled to certain rights under both federal and state laws to ensure they remain safe and comfortable in this stage of their lives. The Kentucky Bill of Rights for residents of long-term care facilities encompasses 26 individual rights that protect elderly adults, and it’s important to understand their purpose so you can identify when they’re being violated.

Nursing homes have an obligation to provide a certain standard of care to their residents, and they can be held liable for not meeting those standards due to malicious actions or inaction. The Bill of Rights for residents exists to protect them from all forms of nursing home abuse, exploitation, or negligence.

What Is Kentucky’s Bill of Rights for Long-Term Care Facility Residents?

There are approximately 21,056 residents in nursing homes throughout Kentucky, and it’s important that they are in trustworthy hands and that their rights are protected under any circumstance.

Under Kentucky law, residents in long-term living facilities have a “Bill of Rights” that protects their dignity, gives them the right to make decisions about their care, and ensures they are safe while in the care of a long-term care facility. These rights also allow residents to complain freely about their conditions without the fear of retaliation from nursing home administration or staff.

Every resident of a long-term care facility has at least 17 federal rights and 26 state rights to protect them from unlawful or unsafe nursing home practices. Violations of these rights must be reported to the appropriate authorities and investigated, which is why people file complaints against nursing homes they suspect to be abusing or neglecting their residents.

As of February 2025, there are a total of about 269 nursing homes in Kentucky that have paid approximately $7.23 million in penalties. One recent case at the end of 2024 took place in Burkesville and involved Cumberland Valley Nursing & Rehabilitation Center receiving multiple inspection reports with deficiencies. One of those deficiencies was a failure to keep the nursing home free from hazards and to provide reasonable supervision to prevent accidents.

Considering this is just one of many cases that occur throughout the state, it’s more important than ever to understand elder adults’ rights and what to do if they’ve been harmed due to the misconduct or negligence of a caretaker.

Common Cases of Abuse or Neglect in Kentucky

There are plenty of contributing factors to cases of nursing home abuse or neglect in Kentucky, but the main causes can be boiled down to training and education deficiencies, understaffing, and unsafe facility conditions. Here’s a bit more information about each:

• Training and education deficiencies. When staff members lack the necessary skills and training, they can contribute to incidents occurring under their watch. It’s important for long-term care facilities to train and educate their employees, and this includes providing ongoing training to refresh skills and stay up to date with the latest practices.
• Understaffing. Kentucky nursing homes have been experiencing staffing shortages in recent years, impacting the quality of care they are able to provide to residents on a regular basis. Nationally, the healthcare industry has been down 450,000 jobs since 2020, and nursing homes and residential care facilities make up for almost all of that loss. In Kentucky alone, there are approximately 3,000 open positions in long-term care facilities, which means there are far fewer staff to monitor and care for residents.
• Unsafe conditions. Nursing homes are legally obligated to provide a safe and comfortable environment for residents. However, recent data shows that Kentucky has one of the largest backlogs in nursing home inspections nationally. According to the Centers for Medicare & Medicaid Services (CMS), 73 percent of the state’s nursing homes go more than two years without their mandatory annual inspection.

Individual situations regarding violations of these laws are unique and require personalized attention, so it’s wise to meet with a Kentucky nursing home negligence lawyer before filing a claim against a long-term care facility.

FAQs

What Rights Do Nursing Home Residents Have in Kentucky?

Kentucky residents in long-term care are guaranteed rights under the Nursing Home Reform Law. This includes the right to a dignified existence, freedom from abuse, and the right to participate in their care decisions. There are 26 state rights listed for long-term care residents, as well as 17 federal rights to protect elders living in long-term care facilities in Kentucky.

What Is the Statute of Limitations to File a Claim Against a Kentucky Nursing Home?

If you wish to file a claim against a nursing home for abuse or negligence, you must be sure to do so within one year of the incident occurring. If you file outside this statute of limitations, the nursing home (the defendant) can file for a motion to dismiss, and it’s likely that the request is honored.

How Hard Is It to Prove Nursing Home Negligence in Lexington?

Proving that a nursing home is neglecting your elderly loved one can be challenging without the proper evidence. You must be able to prove that the facility failed to perform its duty of care and meet the basic needs of the resident and that its failure to do so resulted in direct harm or injury to the resident. By working with a Lexington nursing home negligence lawyer, you can collect the proper evidence to prove your case.

What Is Considered Negligence in a Nursing Home in Lexington?

Nursing home negligence refers to the facility’s inability to provide the appropriate level of care to its residents, resulting in direct harm or injury to the individual. This type of abuse can take on many forms, including dehydration and malnutrition, failure to seek medical evaluation, improper medication administration, unsanitary living conditions, lack of supervision, and emotional neglect.

Contact a Kentucky Nursing Home Abuse Lawyer to Discuss Your Legal Options

Our lawyers at Pleasant Law, PLLC, have been handling nursing home abuse and neglect cases in Kentucky for nearly two decades, and we’re confident we can help you seek justice on behalf of your elderly loved one. Contact our office to set up a consultation with our team to discuss your case today.