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This letter from CMS outlines the rights of residents in nursing homes and other healthcare facilities to receive visitors of their choosing, subject to reasonable clinical and safety restrictions. It states that immediate family members have 24-hour access and other non-relative visitors have immediate access with the consent of the resident. The letter also provides guidance for facilities to modify visitation practices during communicable disease outbreaks, and outlines the facility's responsibility to provide space and privacy for visits from those who provide health, social, legal, or other services to the resident. Furthermore, the letter outlines the facility's responsibility to investigate any potential illegal substance use, and to refer cases to local law enforcement if necessary. In order to comply with this regulation, nursing homes and other healthcare facilities must have written policies and procedures regarding visitation rights, and must provide immediate access to visitors and space and privacy for visits from those who provide services to the resident. They must also take action to protect the health and safety of all residents and staff, such as restricting visitors who are suspected of abusing, exploiting, or coercing a resident, or who have been found to have been committing criminal acts such as theft.
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