Understandably, in-person visits have been suspended due to the Coronavirus pandemic in most nursing homes across Maryland, but what happens if the nursing home refuses all communication? Are there legal ways to enforce the nursing home to open the lines of communication among residents and their family members?
Legally, all nursing home residents should have the right to determine who he or she contacts. However, if the resident is not competent to make that determination then the agent under a healthcare power of attorney is responsible for making those decisions on his or her behalf. Either way, the facility should not deny access and if they are doing so, you have every right to take action. That action may be to contact an experienced Elder Law attorney or you may be able to start by locating an ombudsman to help advocate on your behalf.
Recently, the Centers for Medicare and Medicaid Services (CMS) issued revised guidelines pertaining to the way nursing homes can safely facilitate visitation during the pandemic. The physical separation from family and other loved ones has taken a significant toll on nursing home residents and the CMS hopes to provide this guidance to alleviate some of these issues. Looking back to March of 2020, the CMS issued instructions for facilities to restrict visitation in nursing homes. In May 2020, CMS issued guidance on the phases of reopening. The most recent revised guidance now encourages nursing homes to facilitate outdoor visitation. It also allows for indoor visitation if there has been no new onset of COVID-19 cases in the past 14 days. Another set of guidelines governs end-of-life cases and allows more leniency for those compassionate care situations.
Other measures that are put in place to help prevent new outbreaks in nursing homes include:
-Screening visitors for COVID-19 symptoms;
-Requiring face coverings and physical distancing;
-Providing adequate personal protective equipment for staff; and
-Routinely testing staff for COVID-19.
At Stouffer Legal, we care about our seniors and we want those in nursing home facilities to be able to visit with loved ones safely and appropriately. For more information on how the state of Maryland is handling the application of these CMS guidelines, please contact the Elder Law attorneys at Stouffer Legal in the Greater Baltimore area. If you need assistance in requiring a facility to facilitate communication between a resident and his or her loved ones, schedule a consultation with us today.
