Linda Kincaid Reports: CMS Reminder: Access and Visitation Rights in long-term care

July 15, 2013

Center for Medicare Services (CMS) took a giant leap toward curbing elder abuse and protecting personal rights of long term care residents. On June 28, 2013, CMS issued the following “reminder” to State Survey Agency Directors.

The Centers for Medicare & Medicaid Services is issuing a reminder of current regulations and Guidance to Surveyors (Interpretive Guidelines) at 42 CFR, Part 483.10(j), F172, Access and Visitation Rights. This Guidance delineates the rights of LTC residents to receive family and non-family visitors. Facilities must provide 24-hour access to all individuals visiting with the consent of the resident.

Although prohibited by state and federal law, many long term care facilities deny their residents the right to have visitors. Some facilities deny all visitors, phone calls, and mail.

In San Bernardino County, California, Wildwood Canyon Villa isolated Jean Swope for fifteen months. Jean’s right to visitation was restored by a restraining order against isolation. That effort cost family $70K in legal fees.


Full Article and Source:
CMS Reminder: Access and Visitation Rights in long-term care


6 Responses to “Linda Kincaid Reports: CMS Reminder: Access and Visitation Rights in long-term care”

  1. Thelma Says:

    Thank you, Linda, for the great work you are doing.

  2. Linda Ryals Says:

    This should also include private homes, a professional guardian took my husband from our home without any notice to me his wife of 16 years and will not let him contact me or me contact him, I don't have the funds to hire an attorney to fight for our rights because our funds are under a guardianship and it only pays for what the guardian wants?? Guardianship laws in Florida are not for the wards they are for the guardians to cover up their wrong doings.

  3. Norma Says:

    I join in applauding Linda Kincaid, her efforts, determination, and her success.

  4. StandUp Says:

    Linda is very impressive and she's making all sorts of progress. People should be emulating her!

  5. Sylvia Says:

    Linda's ongoing tireless efforts have been very effective.She is the voice for those who have been silenced.Thank you.

  6. Luis Says:

    Yes, Linda, Florida is no place I would retire to because of the major guardianship industry there.Visit http://www.StopGuardianAbuse.organd join with fellow victims of the "protective" laws to fight for reform.See: AnOpenLetterToCongress.infofor more info about unlawful guardianship

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