Show #394 Airing Sunday, 7/15/07
The nursing home says that you can only visit between the hours of 10 am and 8 pm. Or it bars you from visiting because it claims you make your mom upset. Can a nursing home impose these visitation restrictions? Here to "visit" with us about your nursing home visitation rights is my law partner, Laurie Steiner.
Question:Why is it important to visit your loved one in a nursing home?
Answer:Lots of reasons; including:
- Provide comfort and emotional support to your loved one.
- Monitor care.
- Advocate to correct problems.
- Build relations with staff.
Question:Can a nursing home limit your right to visit?
Answer:Many of them try. But the law is clear: you have the right to visit a family member at any time. Posted visiting hours are common in nursing homes, but they cannot be applied to family members. You don't have to hustle out at 8 pm just because that's when the visiting hours end.
Question:Are there any exceptions?
Answer:Only very limited ones. For example:
- You must be considerate of the rights of others. So if you visit late at night while your dad's roommate is sleeping, you may have to meet in another room. But you can't be excluded.
- If you have a communicable disease, like the flu, you may be required to wear a mask or gloves. And the facility may suggest you not visit. But they can't prohibit your visits unless there is an official quarantine.
Question:What if the facility says you're frightening, upsetting or harming the resident?
Answer:The facility may insist that a staff member be present to supervise the visit. Or in rare cases they can bar you. But that can only be done if they have a court order or a good faith belief that there is a real and immediate threat to the safety, health and welfare of the resident. And they must obtain a court restraining order as soon as possible.
Question:What can we do if we believe a nursing home is violating our rights to visit?
Answer:First speak to the Director and voice your concerns. You may also contact the Long Term Care Ombudsman. In Northeast Ohio, call 216-696-2729. Or contact a lawyer experienced in handling nursing home matters.
If your loved one is in a nursing home, frequent visits are so important. They make a huge difference. And don't let the facility lock the door on your legal rights. For more information about nursing home residents' rights, give Laurie a call.
