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F576

(Rev. 173, Issued: 11-22-17, Effective: 11-28-17, Implementation: 11-28-17)

§483.10(g)(6) The resident has the right to have reasonable access to the use of a telephone, including TTY and TDD services, and a place in the facility where calls can be made without being overheard. This includes the right to retain and use a cellular phone at the resident's own expense.

§483.10(g)(7) The facility must protect and facilitate that resident's right to communicate with individuals and entities within and external to the facility, including reasonable access to:

  1. A telephone, including TTY and TDD services;
  2. The internet, to the extent available to the facility; and
  3. Stationery, postage, writing implements and the ability to send mail.

§483.10(g)(8) The resident has the right to send and receive mail, and to receive letters, packages and other materials delivered to the facility for the resident through a means other than a postal service, including the right to: 

    (i)  Privacy of such communications consistent with this section; and 

    (ii) Access to stationery, postage, and writing implements at the resident's own expense.

§483.10(g)(9) The resident has the right to have reasonable access to and privacy in their use of electronic communications such as email and video communications and for internet research.

  1. If the access is available to the facility
  2. At the resident's expense, if any additional expense is incurred by the facility to provide such access to the resident.
  3. Such use must comply with State and Federal law.

DEFINITIONS §483.10(g)(6)-(9)

“Reasonable access” means that telephones, computers and other communication devices are easily accessible to residents and are adapted to accommodate resident’s needs and abilities, such as hearing or vision loss.

“TTY (TeleTYpe) and TDD (Telecommunications Device for the Deaf)” are acronyms used interchangeably to refer to any type of text-based telecommunications equipment used by a person who does not have enough functional hearing to understand speech, even with amplification.

GUIDANCE §483.10(g)(6)-(9)

Resident access to telephones in staff offices or at nurses’ stations alone does not meet the provisions of this requirement. Examples of facility accommodations to provide reasonable access to the use of a telephone without being overheard include providing cordless telephones or having telephone jacks in residents’ rooms.

The facility is responsible for providing reasonable access to the internet to the extent it is available onsite. Computers in public areas for general use must be located in a manner to protect resident privacy in email, communications, and internet use.

POTENTIAL TAGS FOR ADDITIONAL INVESTIGATION

If concerns are identified regarding charges to the resident for access to internet, telephone, etc., refer to §483.10(f)(11), F571.

If concerns are identified to indicate a resident is being denied the right to private communication, refer to §483.10(h), F583, Privacy and confidentiality.

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User #4096 on 11/04/22
residents wife wants mail held
 
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