Denied Visitation

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.

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))

for more information on this bill, go to https://www.gpo.gov/fdsys/pkg/CFR-2011-title42-vol5/pdf/CFR-2011-title42-vol5-sec483-10.pdf

THE KASEM CARES “VISITATION BILL” HAS BEEN PASSED IN 12 STATES SO FAR WITH CA, TX, IA, UT, LA, VA, AL, WI, IL, AR, MD, NE AND 9 OTHER STATES ADOPTING A VERSION OF THE KASEM CARES BILL TO MAKE IT A TOTAL OF 21 STATES.

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