Linda Kincaid Reports: CMS Reminder: Access and Visitation Rights in long-term care

Center for Medicare Services (CMS) took a giant leap toward curbing elder abuse and protecting personal rights of long term care residents. On June 28, 2013, CMS issued the following “reminder” to State Survey Agency Directors.

The Centers for Medicare & Medicaid Services is issuing a reminder of current regulations and Guidance to Surveyors (Interpretive Guidelines) at 42 CFR, Part 483.10(j), F172, Access and Visitation Rights. This Guidance delineates the rights of LTC residents to receive family and non-family visitors. Facilities must provide 24-hour access to all individuals visiting with the consent of the resident.

Although prohibited by state and federal law, many long term care facilities deny their residents the right to have visitors. Some facilities deny all visitors, phone calls, and mail.

In San Bernardino County, California, Wildwood Canyon Villa isolated Jean Swope for fifteen months. Jean’s right to visitation was restored by a restraining order against isolation. That effort cost family $70K in legal fees.