Access and Visitation

If you are being denied visitation to a loved one who is in a nursing home or hospital, this federal bill will help you in all 50 states.

 

Access and Visitation

The resident has the right and the facility must provide—subject to the resident's right to deny or withdraw consent at any time—immediate access to any resident by:

  • Immediate family or other relatives of the resident. (42 C.F.R. §483.10(j)(1)(vii))
  • Others who are visiting with the consent of the resident, subject to reasonable restrictions. (42 C.F.R. §483.10(j)(1)(viii))
  • The facility must provide reasonable access to any resident by any entity or individual that provides health, social, legal or other services to the resident. (42 C.F.R. §483.10(j)(2))
  • If a resident is married, he or she and their spouse must be assured privacy and to be able to share a room if both are residents in the facility and both agree to do so.  (42 C.F.R. §483.10(e)(1)  and (m))

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  • commented 2017-06-16 23:03:22 -0700
    Hi Vicki I’m not exactly sure of the recourse given the situation we have experienced the exact same thing and some states are more keen on this than others what we did is got pro bono attorneys and then conducted mental evaluations of the relative and the caretaker to see if they were fit to be taken care of then you can proceed to get guardian/conservatorship by going in front of a court with magisraters it also depends on if that family member is the POA as well power of attorney which covers the general power of attorney and durable medical power of attorney it’s a much harder case if this person is the guardian and power of attorney and you can also call an ethics investigation according to your states statue and contact adult protective services some states have a separate department for elder affairs more priority is given to older adults or disabled and they can provide a welfare check along with you citing possible mental/psychological abuse by keeping them isolated this is a form of brainwashing and manipulation
  • commented 2017-04-08 12:41:01 -0700
    What recourse is available when it is a family member that is isolating and refusing to allow other immediate family to visit?