CMS Manual System - Louisiana Department of Health and Hospitals

has been found to have been committing criminal acts such as theft; or denying access to
visitors who are inebriated and disruptive. The facility may change the location of visits
to assist care giving or protect the privacy of other residents, if these visitation rights
infringe upon the rights of other residents in the facility. For example, a resident‘s family
visits in the late evening, which prevents the resident‘s roommate from sleeping.
An individual or representative of an agency that provides health, social, legal, or other
services to the resident has the right of ―reasonable access‖ to the resident, which means
that the facility may establish guidelines regarding the circumstances of the visit, such as
location. If there are problems with the facility‘s provision of reasonable privacy for
resident to meet with these representatives, refer to §483.10(e), Privacy and
Confidentiality, Tag F164.
Procedures: §483.10(j)(1) and (2)
Do residents and family members know that they are able to visit 24-hours a day? Do
non-relative visitors know they are also able to visit 24-hours a day, but subject to
reasonable restrictions as defined above? If you identify problems during resident,
family, or group interviews, determine how the facility ensures 24-hour access to:
Representatives of the State;
Representatives of the U.S. Department of Health and Human Services;
The resident‘s individual physician;
Representatives of the State long-term care ombudsman;
Representatives of agencies responsible for protecting and advocating rights
of persons with mental illness or developmental disabilities;
Immediate family or other relatives; and
Other visitors, subject to reasonable restrictions as defined above.
______________________________________________________________________
F173
§483.10(j)(3) -- The facility must allow representatives of the State Ombudsman,
described in paragraph (j)(1)(iv) of this section, to examine a resident’s clinical
records with the permission of the resident or the resident’s legal representative,
and consistent with State law.
Procedures §483.10(j)(3)
Ask the ombudsman if the facility allows him/her to examine residents‘ clinical records
with the permission of the resident, and to the extent allowed by State law.