Resident Have the Right to Choose Their Own Physician
Resident Have the Right to Choose Their Own Physician

Residents have the Free Choice to Determine Physician

Pursuant to 42 CFR 483.10 (8)(iii)(d) Free Choice to Determine Physician “The resident has the right to— (1) Choose a personal attending physician;” — The free choice to determine your physician – this is a very important right – I recommend that you select a doctor who is not affiliated with the nursing home facility.  Often times the facility’s doctor is the Medical Director and they have a loyalty to the facility in this position.  There may be a conflict under some circumstances – the facility doctor has duel loyalty, one to his patient the other to the facility.

State and federal regulations set forth many basic rights and standards for the treatment provided in Medicare – Medicaid certified facilities.  A patient should be properly assessed by qualified doctors, physical therapists, occupational therapist, nurses and other to determine a personal care plan for each resident.  One of the resident rights is that to choose or select their own physician.  This is important because many facilities have their own medical director or nursing home doctor be the “treating physician” which is not advised in many cases.   There is benefit in having a doctor not affiliated with the facility to promote patient focused care without a bias held by a provider wearing 2 hats at once.  The facility doctor and the patient.

Often persons in nursing homes have a long time family doctor act as their M.D., for the purpose of making the orders for the care to be provided including the medications needed when the resident is in the facility.

If you have questions or concerns about a resident’s care in a nursing home or other care facility call Attorney Ken LaBore at 612-743-9048 or contact him by email at

Residents Have Free Choice to Determine Physician