Nursing facilities must not prohibit or discourage residents from communicating with federal, state, or local officials, including surveyors, health department employees, the Long-Term Care Ombudsman, and protection and advocacy representatives, about any matter. Staff must ensure residents have free access to these external entities regardless of whether the matter involves arbitration or other legal/regulatory proceedings.
View official sourceF586 (Rev. 173, Issued: 11-22-17, Effective: 11-28-17, Implementation: 11-28-17) §483.10(k) Contact with External Entities. A facility must not prohibit or in any way discourage a resident from communicating with federal, state, or local officials, including, but not limited to, federal and state surveyors, other federal or state health department employees, including representatives of the Office of the State Long-Term Care Ombudsman and 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.), regarding any matter, whether or not subject to arbitration or any other type of judicial or regulatory action. INTENT §483.10(k) Facility staff must ensure that residents are able to communicate freely with representatives of these entities for whatever matter. If concerns are identified regarding being provided contact information for representatives of these entities, see guidance at 42 CFR §483.10(j)(4)(i), F585, Grievances.