F-Tag F562

§483.10(f)(4)(i) The facility must provide immediate access to any resident by:

Nursing facilities must provide immediate, unrestricted access to any resident by federal and state representatives (including surveyors), the state long-term care ombudsman, the resident's physician, protection and advocacy system representatives (for developmental disabilities and mental illness), and the resident's personal representative. Facility staff may not interfere with or restrict access by any of these parties. Violations involving obstruction of the survey process should be escalated to the relevant CMS location.

F562
(Rev. 229; Issued: 04-25-25; Effective: 04-25-25; Implementation: 04-28-25) 
 
§483.10(f)(4)(i) The facility must provide immediate access to any resident by: 
 
(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.