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F-Tag F559

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§483.10(e)(4) The right to share a room with his or her spouse when married residents live

Jurisdiction: CM Agency: Centers for Medicare & Medicaid Services
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Plain-English summary

This regulation governs nursing facility residents' rights regarding room and roommate arrangements, including the right to share a room with a spouse or roommate of choice when both parties consent, and the right to receive written notice before any room or roommate change. Facility operators must accommodate these preferences where practicable, provide advance written notice with reasons for any involuntary room changes, and support residents through transitions including the death of a roommate.

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Regulation text
F559
(Rev. 173, Issued: 11-22-17, Effective: 11-28-17, Implementation: 11-28-17) 
 
§483.10(e)(4) The right to share a room with his or her spouse when married residents live 
in the same facility and both spouses consent to the arrangement. 
 
§483.10(e)(5) The right to share a room with his or her roommate of choice when 
practicable, when both residents live in the same facility and both residents consent to the 
arrangement. 
 
§483.10(e)(6) The right to receive written notice, including the reason for the change, 
before the resident’s room or roommate in the facility is changed. 

GUIDANCE §483.10(e)(4)-(6) 
 
Residents have the right to share a room with whomever they wish, as long as both residents are 
in agreement. These arrangements could include opposite-sex and same-sex married couples or 
domestic partners, siblings, or friends. 
 
There are some limitations to these rights. Residents do not have the right to demand that a 
current roommate is displaced in order to accommodate the couple that wishes to room together. 
In addition, residents are not able to share a room if one of the residents has a different payment 
source for which the facility is not certified (if the room is in a distinct part of the facility, unless 
one of the residents elects to pay privately for his or her care) or one of the individuals is not 
eligible to reside in a nursing home. 
 
Moving to a new room or changing roommates is challenging for residents. A resident’s 
preferences should be taken into account when considering such changes. When a resident is 
being moved at the request of facility staff, the resident, family, and/or resident representative 
must receive an explanation in writing of why the move is required. The resident should be 
provided the opportunity to see the new location, meet the new roommate, and ask questions 
about the move. 
 
A resident receiving a new roommate should be given as much advance notice as possible. The 
resident should be supported when a roommate passes away by providing time to adjust before 
moving another person into the room. The length of time needed to adjust may differ depending 
upon the resident. Facility staff should provide necessary social services for a resident who is 
grieving over the death of a roommate. 
 
If the survey team identifies potential compliance issues related to social services, refer to 
§483.40(d), F745, Social Services.