US · guidance
CMS SOM App. J, Tag W264
§483.440(f)(3)(iii) Review, monitor and make suggestions to the facility about its practices and
programs as they relate to drug usage, physical restraints, time-out rooms, application of
painful or noxious stimuli, control of inappropriate behavior, protection of client rights and
funds, and any other areas that the committee believes need to be addressed.
Guidance §483.440(f)(3)(iii)
The committee has been made aware of and reviewed:
• facility policies and procedures;
• facility services;
• programs; and
• practices which may restrict or violate the rights of client.
The committee has established and uses a mechanism for monitoring clients' rights issues and
informs the governing body of any issues of concern in a timely manner. This process is at the
discretion of the committee. There is no requirement for periodic review of the policies by the
committee.
The function of the committee is not limited to the review, approval and monitoring of
restrictive behavior management practices. Examples of issues involving client rights that might
be reviewed by the committee, in addition to behavior management, include, but are not
limited to:
1) Research proposals involving clients;
2) Abuse, neglect and mistreatment of clients;
3) Allegations dealing with theft of a client's personal property or funds;
4) Damage to a client's goods or denial of other client rights;
5) Client grievances;
6) Visitation procedures;
7) Guardianship/advocacy issues;
8) Rights training programs;
9) Confidentiality issues;
10) Advance directives/DNR orders;
11) Practices which restrict clients (e.g., locked doors, fenced in yards); and
12) Video monitoring.
History
Rev. 135, Issued: 02-27-15, Effective: 04-27-15, Implementation: 04-27-15
Provenance
- Source
- cms.gov
- Retrieved
- 2026-07-22
- Edition
- som-2026-07-22
- Content hash
c6560b48bafd50850d933bf4ce849b06928b24a390a2167716bf7e9f8d2a66d8
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