CMS SOM App. U, Tag R106

The patient has the right to the following:

(1) Personal privacy

Interpretive Guidelines: §403.730(c)(1)

Personal privacy includes accommodations, written and telephone communications,

personal care, visits, and meetings of family and patient groups, but this does not require

the facility to provide a private room for each patient.

Facility staff must examine and care for patients in a manner that maintains the privacy of

patients’ bodies. A patient must be granted privacy when toileting and in other activities

of personal hygiene. If a patient requires assistance, authorized staff should respect the

patient’s need for privacy. People not involved in the care of the patient should not be

present during care, nor should video or other electronic monitoring/recording methods

be used without the patient’s consent. Prior to the provision of personal care and

services, staff should remove the patient from public view to prevent unnecessary

exposure of the patient’s body parts (using means such as privacy curtains, closed patient

room doors, clothing and/or draping).

Survey Procedures:

• Review the RNHCIs policies related to patient privacy.

• Interview staff and ask them to describe how they maintain privacy.

• Interview a sample of patients and ask about their privacy. Have there been any

alleged violations to patient privacy?

Note: If observing care, surveyors must first obtain the permission of the patient or the

patient’s representative in order to observe the delivery of care to that patient. The

privacy and dignity of the patient must always be respected, along with the patient’s right

to refuse to allow the surveyor to observe his/her care.