Nursing homes cannot stop anyone from visiting residents or asking for advance notice, except for health or safety reasons. The law clearly states a resident’s right to have visitors at any time. However, practical considerations, such as limiting access at night so other residents can sleep, may affect this.
Here are some things to think about regarding your right to visit a nursing home resident:
Limitations
The following could limit a resident’s visitation rights:
- The rights of other residents: The facility can refuse a visit if it harms other residents’ rights (e.g., the right to safety or quiet).
- Health concerns: While nursing homes cannot make you schedule your visit ahead of time, they can ask you to have a health check and wear a mask and other safety gear.
- Practical considerations: As mentioned above, the facility has the right to implement reasonable restrictions regarding visitation policies. However, it must post or share these rules with residents and families.
- Public health emergencies: Public health emergencies, such as a disease outbreak, could temporarily require the facility to suspend visitation privileges. However, they can only do this during government-declared outbreaks or health crises. They can’t declare one on their own.
The facility must justify and document restrictions to visitation rights. A recent NY law also exempts two personal care visitors from these limits, except for health concerns.
Protecting your loved ones’ rights
If you are unable to see or contact your family member, friend or even just an acquaintance because of unreasonable restrictions imposed by the nursing home, you may call the NYSDOH nursing home hotline to report a violation. You might also want to talk to a lawyer who can help you fight for the resident’s visiting rights.