This regulation requires nursing facilities to inform residents of their visitation rights and related facility policies, including any clinical or safety restrictions and the reasons for them. Residents have the right to consent to or deny visitors of their choosing, and facilities must not restrict visitation based on race, color, national origin, religion, sex, gender identity, sexual orientation, or disability. Facilities must ensure all visitors receive full and equal visitation privileges consistent with resident preferences.
View official sourceF564 (Rev. 173, Issued: 11-22-17, Effective: 11-28-17, Implementation: 11-28-17) §483.10(f)(4)(vi) A facility must meet the following requirements: (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.