This F-Tag requires nursing facilities (long-term care) to inform residents of their rights, facility rules, and regulations both orally and in writing, in a language and format they can understand, prior to or upon admission and throughout their stay. Facilities must obtain written acknowledgment of receipt and must promptly notify residents of any changes to applicable laws, regulations, or facility policies. Accommodations such as interpreters, translated materials, Braille, large print, and ASL interpretation must be made available as needed.
View official sourceF572 (Rev. 173, Issued: 11-22-17, Effective: 11-28-17, Implementation: 11-28-17) §483.10(g) Information and Communication. §483.10(g)(1) The resident has the right to be informed of his or her rights and of all rules and regulations governing resident conduct and responsibilities during his or her stay in the facility. §483.10(g)(16) The facility must provide a notice of rights and services to the resident prior to or upon admission and during the resident’s stay. (i) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. (ii) The facility must also provide the resident with the State-developed notice of Medicaid rights and obligations, if any. (iii) Receipt of such information, and any amendments to it, must be acknowledged in writing; INTENT §483.10(g)(1),(16) This requirement is intended to assure that each resident knows his or her rights and responsibilities and that facility staff communicates this information prior to or upon admission, as appropriate during the resident’s stay, and when the facility’s rules change. DEFINITIONS §483.10(g)(1),(16) “All rules and regulations” relates to State and Federal requirements and facility policies. “Both orally and in writing” means if a resident can read and understand written materials without assistance, an oral summary, along with the written document, is acceptable. “In a language that the resident understands” means verbally, in writing, and in a language that is clear and understandable to the resident and/or his or her representative. GUIDANCE §483.10(g)(1),(16) Any time State or Federal laws or regulations relating to resident rights or facility policies change during the resident’s stay in the facility, he/she must promptly be informed of these changes in a manner that is clear to the resident. A resident cannot be expected to abide by rules he/she has never been told about. Whatever rules or policies the facility has formalized, and by which it expects residents to abide, should be included in the residents’ statement of rights and responsibilities. If a resident or his/her representative’s understanding of English or the predominant language of the facility is inadequate for their comprehension, a means to communicate information in a language or format familiar to the resident or his/her representative must be used. The facility must have written translations, including Braille, and make the services of an interpreter available as needed. For those residents who communicate in American Sign Language (ASL), facility staff are expected to provide an interpreter. Large print texts of the facility’s statement of resident rights and responsibilities may also be made available. PROCEDURES §483.10(g)(1)(16) During interviews, determine: • When and how residents or their representatives are informed of their rights, services, facility policies and procedures, and resident responsibilities; • If this information was provided in a language and format they understood; and, • If facility staff provide ongoing communication to residents about their rights (e.g., through resident and family groups, presentations from representatives of the Office of the State Long-Term Care Ombudsman, posting of information, etc.)?