CMS SOM App. PP, Tag F562

(A) Any representative of the Secretary,

(B) Any representative of the State,

(C) Any representative of the Office of the State long term care ombudsman,

(established under section 712 of the Older Americans Act of 1965, as amended

2016 (42 U.S.C. 3001 et seq.),

(D) The resident’s individual physician,

(E) Any representative of the protection and advocacy systems, as designated by the

state, and as established under the Developmental Disabilities Assistance and Bill of

Rights Act of 2000 (42 U.S.C. 15001 et seq),

(F) Any representative of the agency responsible for the protection and advocacy

system for individuals with mental disorder (established under the Protection and

Advocacy for Mentally Ill Individuals Act of 2000 (42 U.S.C. 10801 et seq.), and

(G) The resident representative.

GUIDANCE §483.10(f)(4)(i)

The facility must provide immediate access to the resident by the resident’s physician,

representative, and various state and federal officials and organizations as outlined in the

regulation, which would include state and federal surveyors.

Surveyors are considered representatives of the Secretary and/or the State. Facility staff cannot

prohibit surveyors from talking to residents, family members, and resident representatives.

NOTE: If facility staff attempt to interfere with the survey process and restrict a surveyor’s

ability to gather necessary information to determine compliance with requirements, surveyors

should consult with the CMS location.