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From the ACL Blog
ACL Advocacy:
Visitation in Congregate Settings
February 24, 2021
by
Vicki Gottlich, Director, ACL's Center for Policy and Evaluation
Throughout the COVID-19 pandemic, ACL has worked with the HHS Office for Civil Rights,
the Centers for Medicare &
Medicaid Services and other partners to protect the
rights of people with disabilities and older adults. One issue on which
we have been heavily engaged is visitation for people who live in a range
of congregate settings, and we wanted to make sure our networks were
aware of the latest guidance on this crucial topic.
On Feb. 10, CMS issued guidance on visitation in
Intermediate Care Facilities (ICF) for Individuals with Intellectual
Disabilities and psychiatric residential treatment facilities (PRTF).
This complements CMS’ guidance for visitation in
nursing homes, which was issued in September.
The new guidance includes a number of provisions that are
important for ACL’s partners in the aging and disability networks to be
aware of. For example, although it allows facilities to restrict
visitation in order to prevent the spread of COVID-19, it makes clear
that visitation may not be restricted without a reasonable clinical or
safety cause. It further says that even if a facility is otherwise
limiting in-person visitation, it should allow visits – with appropriate
safety measures -- by the following:
- Protection
and Advocacy systems
- People
who provide in-person supports necessary for equal access to care
and communication under disability rights laws
- Long-Term
Care Ombudsmen (for ICFs licensed as nursing facilities and
certified under section 1919 of the Social Security Act)
- Outside
healthcare and service providers, including providers assisting with
transition from a facility to the community
- People
providing support in a compassionate care situation. The
guidance further clarifies that compassionate care situations are
not limited to end-of-life. The guidance offers several examples in
which visitation by family and caregivers could be considered
compassionate care and makes clear that the list should not be
considered all-inclusive.
The guidance also includes descriptions of key federal
disability rights laws and P&A programs and provides best practices
for allowing visitation safely. This new guidance augments the guidance
CMS issued in December on infection control for ICFs, psychiatric
hospitals, and PRTFs (which included strategies for transition to the
community, where appropriate).
As always, the HHS Office for Civil Rights stands ready to
assist if in-person supports or visitation are being denied in violation
of federal disability rights laws. Complaints can be filed through OCR’s portal. If
you have questions or need help filing a complaint, you can email OCR at OCRMail@hhs.gov or call toll-free at:
1-800-368-1019, TDD: 1-800-537-7697. OCR also provides materials in
alternative formats (such as Braille and large print), auxiliary aids and
services (such as a relay service), and language assistance.
ACL will continue to advocate for the needs of people with
disabilities and older adults, and we’ll continue to share information
from federal partners and our grantees, as well as resources we think may
be useful to the aging and disability networks, and the people we all
serve. Watch ACL.gov/COVID-19 for
the latest information and be sure to sign up for ACL Updates.
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