On January 25th, the HHS Office of Civil Rights (OCR), issued guidance via a Frequently Ask Questions (FAQ) “to remind covered facilities and entities of their distinct obligations under CMS regulations and federal civil rights laws to ensure nondiscrimination in facility visitation policies.” The OCR’s FAQs on Patient Visitation at Certain Federally Funded Entities and Facilities provides examples demonstrating the importance of considering the religious needs of patients and other individuals receiving care in implementing visitation policies and procedures that do not discriminate on the basis of religion and other protected bases.
The FAQs also emphasize the importance of visitation and the right for patients and residents to receive visitors. Medicare- and Medicaid-certified facilities have certain nondiscrimination obligations regarding patient/resident visitation that OCR has jurisdiction over. Administrators are prohibited from restricting, limiting, or otherwise denying visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation or disability. Organizations are required to have written visitation policies, procedures, and practices regarding such prohibitions. Read the associated Patient Visitation FAQ Dear Colleague Letter here. HHS states that this announcement builds on the National Strategy to Counter Antisemitism. Read the HHS OCR press release here.
