CMS SOM App. PP, Tag F564

(A) Inform each resident (or resident representative, where appropriate) of his or her

visitation rights and related facility policy and procedures, including any clinical or

safety restriction or limitation on such rights, consistent with the requirements of

this subpart, the reasons for the restriction or limitation, and to whom the

restrictions apply, when he or she is informed of his or her other rights under this

section.

(B) Inform each resident of the right, subject to his or her consent, to receive the

visitors whom he or she designates, including, but not limited to, a spouse (including

a same-sex spouse), a domestic partner (including a same-sex domestic partner),

another family member, or a friend, and his or her right to withdraw or deny such

consent at any time.

(C) Not restrict, limit, or otherwise deny visitation privileges on the basis of race, color,

national origin, religion, sex, gender identity, sexual orientation, or disability.

(D) Ensure that all visitors enjoy full and equal visitation privileges consistent with

resident preferences.

GUIDANCE §483.10(f)(4)(vi)

All residents have the right to visitors in accordance to their preferences. The facility policy for

restricting or limiting visitors must be communicated to the resident. If limitations are placed on

a resident’s visitation rights, the clinical or safety reasons for the limitations and the specific

individuals the restriction applies to must be communicated to the resident or resident

representative in a manner he or she understands.

Facility staff may not place limitations on a resident based solely on their status as a justice

involved resident or as a part of restrictive law enforcement requirements, such as conditions of

probation or parole. See §483.10(a), F550, Resident Rights for guidance on justice involved

residents.

PROCEDURES §483.10(f)(4)(vi)

Through interviews with residents and/or their representatives, determine how they were

informed of their visitation rights and related policies and procedures, including their right to

consent to receive or deny visitors he or she designates, any clinical or safety restriction, or

limitation on such rights imposed by the facility.

Determine if the facility has ensured visitation rights consistent with resident preference.

Examples of noncompliance may include, but are not limited to:

• Prohibiting a resident from having visits from his or her spouse or domestic partner,

including a same-sex spouse or partner.

• Facility staff did not inform a resident, the family, and/or resident representative of their

visitation rights, including any restrictions or limitations of these rights that may be

imposed by the facility or the resident, the family, and/or resident representative;

• Facility staff denied, limited or restricted a resident’s visitation privileges contrary to

their choices, even though there were no clinical or safety reasons for doing so.