October 3, 2013
ALTSA: NH #2013-019
S&C 13-42: ACCESS AND VISITATION RIGHTS
IN LONG TERM CARE (LTC) FACILITIES
Dear Nursing Facility/Home Administrator:
The Centers for Medicare & Medicaid Services (CMS) issued S&C 13-42 to remind facilities and staff that residents have the right to receive family and non-family visitors on a 24-hour basis provided that visitors have the consent of the resident.
The right to have visitors is well established in federal regulation and more specifically described in Guidance to Surveyors (Interpretive Guidelines) at 42 CFR, Part 483.10(j), F172 and Access and Visitation Rights.
Highlights of this reminder include the following:
- Certain visitors may be subject to "reasonable restrictions" imposed by the facility that protect the security of all the facility's residents, such as denying access to those engaged in disruptive behavior;
- Residents must be notified of their rights to have visitors on a 24-hour basis, which could include but is not limited to spouses (including same-sex spouses), domestic partners (including same-sex domestic partners), other family members or friends.
To learn more about the reminder online, please visit:
https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-Letter-13-42.pdf
Please contact your local RCS Field Manager if you have any questions.
Sincerely,
E. Irene Owens, Interim Director
Residential Care Services