On May 8th, the Centers for Medicare and Medicaid Services (CMS) updated its federal visitation guidance to align with the ending of the Public Health Emergency.
UPDATED! View CMS Current Guidance (May 8, 2023)
To refuse medication and treatment after you have been informed of the possible consequences of this decision.
To choose a physician, advanced practice nurse, or physician assistant.
To view or receive a copy of your own medical record, free of charge.
To participate, either personally or through a legal representative, in all decisions regarding your own health care.
To receive, upon request, a complete explanation of your medical condition, any recommended treatment, and the possible benefits or risks involved.
To execute an advance directive concerning the use of life-sustaining treatment. You may appoint a legal representative with a durable power of attorney to act on your behalf with regard to health care decisions, and you can expect that the provisions of the advance directive will be executed to the fullest extent possible.
If you are insured by a health maintenance organization (HMO), you have the right to be referred by your primary care physician to the nursing care unit that is part of your facility, provided that the unit has the capacity needed, and that the facility accepts the applicable reimbursement rate. This right also applies to any resident being discharged from a hospital.
The facility must help you access any Medicare, Medicaid, or other applicable programs.
To serve or participate in a local, state, or national residents’ association, or other similar organizations, without discrimination or reprisal.
To retain and exercise all constitutional, civil and legal rights to which you are entitled.
To be treated with respect, courtesy, consideration and dignity.
To occupy your chosen unit for as long as you can function independently, with or without the assistance of an aide or aides.The following exceptions may apply:
Any determination that you cannot function independently, with or without the assistance of an aide or aides, shall be made by the facility's Director of Medical Services. The facility shall notify you, in writing, of your appeal rights.
To receive every service, as contracted in the continuing care agreement executed upon admission, unless waived in writing, with the exception of changes required by state or federal law.
To privacy within your unit, except that personnel must be admitted for contracted services or to respond to an emergency or complaint.
To hire a private caregiver or companion at your expense and responsibility.
To receive guests and visitors at the facility.
To allow guests to stay for a reasonable temporary period of time, in a guest apartment or unit in the facility, subject to reasonable policies and procedures.
To leave and return to your unit at will, providing you inform the facility if you will be temporarily absent overnight, or for a longer period of time. The facility shall notify residents in writing as to whether they will be charged a per diem fee during any such time that they are absent from the facility.
To receive 30-days advance written notice prior to any fee increase.
To appoint a legal representative with a durable power of attorney to handle financial matters.
If you request it, the facility must provide you with a fee schedule for any uncovered services before you agree to them.
The facility shall not modify or reduce the scope of provided services, with the exception of modifications required by state or federal assistance programs, without providing residents with a minimum of 30-days prior notice. You have the right to cancel your continuing care contract with the facility for any reason upon giving 60-days written notice. You will then have a right to a full or partial refund of your entrance fee as provided in your contract or as required by law.
You have the right to 60-days written notice if the facility wishes to cancel your contract. This right is subject to certain conditions provided by law, including the requirement for “just cause.” You also have the right to challenge the facility’s notice of cancellation by requesting a hearing. You may also have the right to a full or partial refund of your entrance fee, as provided by law.
You have the right to remain in the facility even if you are experiencing financial difficulties, subject to certain limitations provided by law.
If you are experiencing financial difficulties, you may investigate thoroughly with the facility any financial assistance which may be available in order to allow you to remain in the facility. The facility must also provide sustaining charitable assistance, subject to certain conditions permitted by law.
If you vacate the facility and you are entitled to a full or partial refund, the facility must refund your entrance fee, less certain deductions permitted by law.
To expect the facility to resolve your concerns in a timely manner.
To express complaints without fear of interference, discharge, or reprisal.
To contact the LTCO or any advocate or agency which provides health, social, legal, or other services to advocate on behalf of residents if you feel that your rights are being violated.
To request from the facility, and receive without undue delay or cost, a copy of the rights of nursing home, assisted living and continuing care retirement community residents.