The Nursing Home Reform Law, passed in 1987, guarantees nursing home residents their individual rights, including but not limited to: individualized care, respect, dignity, the right to visitation, the right to privacy, the right to complain, and the right to make independent choices. Residents who have made their home in other types of facilities maintain their rights as U.S. Citizens.

Residents have the right to self-determination and to use their voice to make their own choices. This year's Residents' Rights Month theme, "The Power of My Voice," emphasizes self-empowerment. “Residents’ voices are the most important at the decision-making table. This year’s theme empowers residents to raise their voices to express their likes and dislikes and fervently pursue the life they want to live,” said Lori Smetanka, Executive Director of Consumer Voice.

But this fall, many Long Term Care Resident will Exercise not only their Voice but also their Vote.

At nursing homes, recreation or activities staff have particular responsibilities to protect residents’ voting rights, and during the initial assessment—especially during election years—should explicitly ask new residents if they are registered to vote and if they want an absentee ballot. Even when a health care proxy or guardianship has been invoked, everyone retains the right to vote as long as “they are able to indicate a desire to vote and a choice among available ballot selections” according to the American Bar Association.

At Cape Regency, where Catherine Tarr serves as Director of Therapeutic Recreation, they’ve been streaming the Presidential and Vice-Presidential debates for the residents who have been very engaged and some of whom have been very vocal about their beliefs. Professional staff, of course, are prohibited from stating their opinions or preferences, but enjoy facilitating the post debate discussions. Residents of Cape Regency will exercise their rights through absentee ballots but, at other facilities where Tarr has worked, staff have worked with town officials to hold an on-site “voting day,” where election officials and election observers from all political parties come to a facility so that residents can cast their ballots in an atmosphere that feels more like “going to the polls, with refreshments and socializing following voting.”

Short-term residents may receive their absentee ballots at their homes but long-term patients become residents of the town where their facility is located and must register there. If you have a signature on file with the Massachusetts Registry of Motor Vehicles, you can register online.Voter registration in Massachusetts closes on October 26 and mail-in ballots requests must be received by October 29. Tarr explained that although staff will make every effort to assist new arrivals, deadlines and logistics can be constraining. For example, while staff can hand deliver ballots to the town, residents must rely on USPS to receive their ballots in time to cast their vote on or before Election Day which is November 5.