Assisted living residents in Wilkes-Barre, PA have legal protections involving dignity, privacy, safety, personal choices, communication, services, finances, complaints, and discharge decisions. Pennsylvania’s assisted living residence rules establish these rights, and a resident cannot be required to waive them. ([pa.gov](https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/licensing/bhsl-licensing/documents/Assisted_Living-Resident_Rights_Poster.pdf?utm_source=openai))
What rights do residents have in an assisted living residence?
Residents have the right to be treated with dignity and respect and to live free from discrimination, abuse, neglect, intimidation, exploitation, involuntary seclusion, and improper punishment. These protections apply regardless of a person’s age, disability, religion, ancestry, sex, sexual orientation, race, or national origin. ([pa.gov](https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/licensing/bhsl-licensing/documents/Assisted_Living-Resident_Rights_Poster.pdf?utm_source=openai))
A resident also has the right to:
- Receive the services listed in the resident-residence contract.
- Know the residence’s rules and receive 30 days’ written notice before a new rule takes effect.
- Make complaints, file grievances, suggest changes, and pursue appeals without retaliation.
- Remain in the residence while it is operating with a license, subject to applicable discharge rules.
- Relocate and request reasonable assistance with moving to another facility.
- Choose a primary care physician.
- Receive help accessing health care and supplemental health care services.
These rights are not simply optional courtesy policies. They are part of Pennsylvania’s regulatory protections for assisted living residents.
How are privacy and personal choices protected?
Privacy applies to a resident’s body, living space, possessions, communications, and relationships. Residents should receive privacy during bathing, dressing, changing clothes, and medical procedures. They also have the right to privacy of their personal belongings. ([pa.gov](https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/licensing/bhsl-licensing/documents/Assisted_Living-Resident_Rights_Poster.pdf?utm_source=openai))
Residents may generally:
- Furnish their living unit.
- Purchase, receive, use, and keep personal clothing and possessions.
- Receive visitors, provided visits do not adversely affect other residents.
- Communicate privately with family, friends, physicians, attorneys, and other people.
- Receive and send mail without staff opening or reading it unless the resident or designated person requests assistance.
- Use a telephone privately; non-toll calls must be provided without charge to the resident.
- Practice a religion or faith—or choose not to practice one.
- Leave and return to the residence according to residence rules and the resident’s support plan.
Seasonal clothing is also part of the resident’s care needs. A residence must assist with obtaining and keeping clothing clean, and clothing should not be shared among residents. This can require extra attention during cold, wet winters and changing weather conditions in the area.
Can a resident review medical or personal records?
Yes. A resident, the resident’s designated person, and another individual authorized in writing may access and review the resident’s record and request corrections. ([pa.gov](https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/licensing/bhsl-licensing/documents/Assisted_Living-Resident_Rights_Poster.pdf?utm_source=openai))
A practical request should identify the records being sought and the correction believed to be necessary. Examples might include an incorrect medication list, outdated emergency contact, wrong physician information, or an inaccurate description of a resident’s preferences.
Keeping copies of important paperwork can help families compare the written record with the care being delivered. Relevant documents may include the resident-residence contract, support plan, medication information, incident reports, billing records, and written complaint responses.
What does freedom from restraints mean?
Pennsylvania’s assisted living resident rights include freedom from restraints. A restraint may involve a device, method, or practice that restricts a person’s movement. Residents and families should ask questions if a person is regularly prevented from moving, leaving a chair, accessing personal belongings, or making ordinary choices.
A safety concern does not automatically eliminate a resident’s rights. The residence should explain the concern, identify less restrictive approaches, and follow applicable rules and care-planning requirements. Any suspected abuse, neglect, exploitation, or unsafe restraint practice should be documented and reported through an appropriate channel.
What can a resident do about poor care or an unresolved complaint?
A resident may make an oral or written complaint about care, services, conditions, staff conduct, finances, food, medication issues, or another concern. Pennsylvania rules require an assisted living residence to accept and respond to complaints without retaliation or the threat of retaliation. If a resident wants to submit a written complaint but needs help writing it, the residence must provide assistance. ([pa.gov](https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/licensing/bhsl-licensing/documents/Assisted_Living_Residences-2800_Regulatory_Compliance_Guide_RCG.pdf?utm_source=openai))
For a clearer record:
1. Write down what happened, including dates, times, locations, and witnesses.
2. State what outcome is requested.
3. Give the complaint to the designated complaint contact or administrator.
4. Keep a copy and note when it was submitted.
5. Ask when a response will be provided.
For written complaints, the residence’s regulatory guidance states that a status report should be provided within two business days. The residence must investigate and resolve complaints and keep a log of complaints and outcomes. ([pa.gov](https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/licensing/bhsl-licensing/documents/Assisted_Living_Residences-2800_Regulatory_Compliance_Guide_RCG.pdf?utm_source=openai))
A resident does not have to handle the process alone. A family member, designated person, trusted friend, attorney, or long-term care ombudsman may help communicate concerns.
Who can help if the residence does not resolve the problem?
The Pennsylvania Long-Term Care Ombudsman Program assists people living in assisted living residences, personal care homes, and nursing homes. Ombudsmen help residents understand their rights, address concerns, and work toward solutions involving issues such as discharge, staffing, medications, personal property, dietary concerns, and responses to requests for assistance. ([pa.gov](https://www.pa.gov/services/aging/request-assistance-from-a-long-term-care-ombudsman?utm_source=openai))
A resident or family member may also file a complaint with Pennsylvania’s Bureau of Human Services Licensing. Complaints may be submitted online, by phone at 1-877-401-8835, or by email at ra-pwarlcomplaints@pa.gov. The state evaluates complaints based on the reported health or safety risk, the residence’s history, and other relevant information. ([pa.gov](https://www.pa.gov/agencies/dhs/resources/aging-physical-disabilities/personal-care-homes/personal-care-home-complaints?utm_source=openai))
For immediate danger, suspected abuse, or a medical emergency, emergency services or law enforcement may be more appropriate than waiting for a routine complaint process.
What should residents know about involuntary discharge?
An assisted living residence cannot simply remove a resident because the resident made a complaint or disagreed with a policy. Residents have the right to use the residence’s internal process and external procedures to appeal an involuntary discharge. ([pa.gov](https://www.pa.gov/content/dam/copapwp-pagov/en/dhs/documents/licensing/bhsl-licensing/documents/Assisted_Living-Resident_Rights_Poster.pdf?utm_source=openai))
A discharge notice should be reviewed carefully. Questions to ask include:
- What specific reason is given?
- What date would the move occur?
- What rule, contract provision, or care limitation is being relied upon?
- What appeal process is available?
- Is assistance with relocation being provided?
- What records support the decision?
Do not ignore a discharge notice. Keep the notice and related paperwork, request the decision in writing, and seek prompt assistance from the ombudsman or another appropriate advocate.
What is the difference between assisted living and a nursing home?
Pennsylvania assisted living residences are residential settings offering personal care, assistance, and supervision. They are licensed by the Department of Human Services. Nursing homes are medical facilities licensed by the Department of Health and follow a different regulatory framework. ([pa.gov](https://www.pa.gov/agencies/dhs/resources/aging-physical-disabilities/personal-care-homes/personal-care-home-faq?utm_source=openai))
This distinction matters because rights, services, payment arrangements, discharge standards, and care capabilities may differ. A resident or family should confirm which type of license applies before assuming that nursing home rules govern an assisted living residence.
Understanding these protections can make it easier for residents in Wilkes-Barre to recognize when a concern is a routine service issue, a contract dispute, a rights violation, or a potential health and safety emergency.
