This letter from CMS explains the right of residents in nursing homes and other healthcare facilities to retain and use personal possessions, such as furniture and clothing, and the responsibility of staff to treat these possessions with respect. It also provides guidance on how to ensure that residents can maintain their independence, and outlines procedures that should be followed if staff are concerned that a resident may have access to illegal substances. Facilities should not act as an arm of law enforcement, but should provide additional monitoring and supervision to protect the health and safety of residents. Staff may confiscate items or substances that pose risks to residents’ health and safety, but should not conduct searches of a resident or their personal belongings without their consent. Nursing homes and other healthcare facilities should ensure that they are respecting the rights of their residents and taking the necessary steps to protect their health and safety.
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