F574
§483.10(g)(4) The resident has the right to receive notices orally (meaning spoken) and in writing (including Braille) in a format and a language he or she understands, including:
(i) Required notices as specified in this section. The facility must furnish to each resident a written description of legal rights which includes –
(A) A description of the manner of protecting personal funds, under paragraph (f)(10) of this section;
(B) A description of the requirements and procedures for establishing eligibility for Medicaid, including the right to request an assessment of resources under section 1924(c) of the Social Security Act.
(C) A list of names, addresses (mailing and email), and telephone numbers of all pertinent State regulatory and informational agencies, resident advocacy groups such as the State Survey Agency, the State licensure office, the State Long-Term Care Ombudsman program, the protection and advocacy agency, adult protective services where state law provides for jurisdiction in long-term care facilities, the local contact agency for information about returning to the community and the Medicaid Fraud Control Unit; and
(D) A statement that the resident may file a complaint with the State Survey Agency concerning any suspected violation of state or federal nursing facility regulations, including but not limited to resident abuse, neglect, exploitation, misappropriation of resident property in the facility, non-compliance with the advance directives requirements and requests for information regarding returning to the community.
(ii) Information and contact information for State and local advocacy organizations including but not limited to the State Survey Agency, the State Long-Term Care Ombudsman program (established under section 712 of the Older Americans Act of 1965, as amended 2016 (42 U.S.C. 3001 et seq) and the protection and advocacy system (as designated by the state, and as established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.)
(iii) Information regarding Medicare and Medicaid eligibility and coverage;
(iv) Contact information for the Aging and Disability Resource Center (established under Section 202(a)(20)(B)(iii) of the Older Americans Act); or other No Wrong Door Program;
(v) Contact information for the Medicaid Fraud Control Unit; and
(vi) Information and contact information for filing grievances or complaints concerning any suspected violation of state or federal nursing facility regulations, including but not limited to resident abuse, neglect, exploitation, misappropriation of resident property in the facility, non-compliance with the advance directives requirements and requests for information regarding returning to the community.
DEFINITIONS §483.10(g)(4)
“Orally and in writing” means if a resident can read and understand written materials without assistance, an oral summary, along with the written document, is acceptable.
“In a language he or she understands” means verbally, in writing (including Braille), and in a language that is clear and understandable to the resident or his or her representative.
GUIDANCE §483.10(g)(4)
If a resident or his or her representative’s understanding of English or the predominant language of the facility is inadequate for their comprehension, a means to communicate information in a language or format familiar to the resident or his or her representative must be used. The facility must have written translations, including Braille and make the services of an interpreter available as needed. For those residents who communicate in American Sign Language (ASL), the facility is expected to provide an interpreter. Large print texts of the facility’s statement of resident rights and responsibilities should also be available.
As part of determining Medicaid eligibility, at the time of admission, a married couple has the right to request and have the appropriate State agency assess the couple’s resources.
During interviews with residents, their representatives and facility staff determine:
- When and how information regarding rights and services are communicated; and
- If this information was provided in a language and format the resident or representative understood.
KEY ELEMENTS OF NONCOMPLIANCE §483.10(g)(4)
To cite deficient practice at F574, the surveyor’s investigation will generally show that the facility failed to do one or more of the following:
- Support the resident’s right to receive notices orally and in writing in a format he or she understands; or
- Provide a written description of the resident’s legal rights, including:
- How a resident’s personal funds are protected; or
- The requirements and procedures for establishing Medicaid eligibility, including the right to request an assessment of resources; or
- A list of names, mailing and email addresses, and telephone numbers of all pertinent State regulatory and informational agencies and advocacy groups; or
- Informing the resident of their right to file a complaint with the State survey and certification agency; or
- Provide information and contact information for:
- State and local advocacy organizations; or
- The Aging and Disability Resource Center or other No Wrong Door Program; or
- Inform the resident of Medicare and Medicaid eligibility and coverage; or
- Provide contact information for the Medicaid Fraud Control Unit; or
- Provide information and contact information for filing grievances or complaints concerning any suspected violation of State or Federal nursing facility regulations.
