Many people seem to forget that a nursing home is just that — a home. Think about your home. You can visit with whoever you want, whenever you want. Why should it be any different for our loved ones who have moved into a nursing home for full time medical care?
Under Illinois law, a nursing home resident is entitled to visitation rights with whomever they want, whenever they want — so long as the visitation is not medically detrimental to the resident. A resident’s visitors must also be respectful of a resident’s roommate when visiting. Even if the facility sets “visitation hours,” a resident and his visitors are not required to abide by those hours. In other words, if a resident wants a visitor at 11:00 p.m. or even at 3:00 a.m., he can.
Pursuant to section 45/2-108 of the Illinois Nursing Home Ca
re Act (“Act”), “Every resident shall be permitted unimpeded, private and uncensored communication of his choice by mail, public telephone or visitation.” The administrator shall ensure that residents may have private visits at any reasonable hour unless such visits are not medically advisable for the resident as documented in the resident’s clinical record by the respondent’s physician. See 210 ILCS 45/2-108(b). Under Illinois law, unless the resident’s physician restricts his visitation rights, the facilitycannot restrict visitation rights.
If a resident is in a certified Medicare or Medicaid facility, their visitation rights are even more extensive.
Pursuant to section 483.10(j)(1) and (2) of the CMS manual, a resident has the right and the facility must provide immediate access to the resident of those individuals he wishes to visit with – no matter who they are or when they want to visit. There are no visiting hour restrictions under the CMS guidelines unless the resident specifically requests a restriction, i.e. “I don’t want visitors after 9:00 p.m.”
Make sure that you and your resident know their visitation rights. And if your loved one’s nursing home ever tries to violate those visitation rights, call a reputable attorney to conduct an investigation into the facility.
