This week, the Health and Human Services (HHS) Office for Civil Rights (OCR) released the following materials pertaining to visitation guidance:
The letter provides a reminder that Center of Medicare and Medicaid Services (CMS) regulations, hospitals, and long term care (LTC) facilities are subject to regulations that prohibit restricting, limiting or otherwise denying visitation privileges based on race, color, national origin, religion, sex, gender identity, sexual orientation, or disability, and are required to have written visitation policies and procedures regarding such prohibitions.
CMS regulations, found in
Appendix PP, outline visitation requirements in skilled nursing facilities. Those requirements are as follows:
- The facility must provide immediate access to a resident by immediate family and other relatives of the resident, subject to the resident’s right to deny or withdraw consent at any time;
- The facility must provide immediate access to a resident by others, subject to reasonable clinical and safety restrictions;
- The facility must provide reasonable access to a resident by any entity that provides health, social, legal, or other services to the resident; and
- The facility must have written policies and procedures regarding the visitation rights of residents.
The
FAQ was provided as reference to ensure hospitals and LTC facilities, along with consumers and patients, understand the requirements. The FAQ notes that OCR received numerous complaints and questions during the COVID-19 pandemic regarding individuals’ rights to visitors in hospitals and LTC facilities. The FAQ does state that LTC facilities can restrict visitation, in certain scenarios, including during a public health emergency. However, it does explain how to do so without discrimination and by ensuring proper notification is in place.
The
press release remind organizations of their obligation to ensure visitation policies do not discriminate but also effectively communicate visitation restrictions to patients and residents. This initiative aims to avoid religious discrimination, particularly during a public health emergency.