CMS: Visitation in Nursing Homes is Allowed for All Residents at All Times

submitted by Lindsay Heckler, Supervising Attorney *UPDATE* NYS Department of Health directs nursing homes to follow CMS guidelines: visitation in nursing homes is allowed for all residents at all times. On November 16, 2021, the NYS Department of Health issued Dear Administrator Letter DAL-NH 21-27, accessed here, directing all nursing homes to immediately comply with…

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Updated Guidelines for Resident Outings During the Pandemic

submitted by Bria Lewis, Esq, Staff Attorney With the recently updated guidelines for visitation from the New York State Department of Health (DOH), many residents living in nursing homes or adult care facilities (facility) and their loved ones have had many questions. The Center for Elder Law & Justice has prepared a fact sheet on…

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Updated Federal Visitation Guidelines

Submitted by Bria Lewis, Esq, Staff Attorney On March 10, 2021 Centers for Medicare & Medicaid Services (CMS) released an update to their nursing home visitation guidelines. This guidance addresses the impact that the COVID-19 vaccination has on visitation. The information contained in this guidance supersedes and replaces previously issued guidance and recommendations regarding visitation.…

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Update from NYS Department of Health: Expanded Visitation Guidelines for Adult Care Facilities and Visitation Legislative Updates

Submitted by Bria Lewis, Esq, Staff Attorney On March 2, 2021 NYS Department of Health (DOH) released an updated guidance for visitation in adult care facilities. This update comes just a week after DOH released an updated guidance for nursing home visitation. This new guidance for adult care facilities supersedes and replaces any previously issued…

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Call to Action: Safe Visitation for Nursing Homes & Adult Care Facilities

It has been almost a year since the initial ban on in-person visitation in nursing homes and adult care facilities, and visitation is still extremely restrictive. Residents have been negatively impacted by these restrictions, living in forced isolation and experiencing cognitive and mental decline. Virtual visitation has not been an adequate substitution to combat the…

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Resident Right to Access the Community during the Pandemic: Holiday Guidance for Nursing Homes and Adult Care Facilities

submitted by Lindsay Heckler, Esq. Residents who live in adult care facilities and nursing homes (including for short-term rehabilitation stays) have the right to leave the building and access the community. Access to the community includes: medical appointments, social visits, religious services, gatherings with family/friends, and more. Both New York State (NYS) and the federal…

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