Family
Council Battles for Visitation Rights
The Department of Health (DOH) recently
cited Dry Harbor Nursing Home because it had illegally restricted
visits by the Family Council President, Gerald Kozicki,
to his mother, a resident of the home. He was permitted
to visit only his mother, and only in her room and could
no longer share meals in the dining rooms or regular recreational
activities He was barred altogether from interaction with
other residents he regularly visited, despite specific written
permission from 15 residents or their relatives.
Mr. Kozicki learned
of the restrictions in a letter from Dry Harbor's administrator
that he received late Friday afternoon before Christmas.
The reasons for the restriction, denied by Mr. Kozicki,
were general in nature, and did not refer to any specific
incidents.
The Dry Harbor Family
Council includes many relatives and friends of residents
who, like Mr. Kozicki, visit the home frequently, socialize
with each other and make a point of visiting not only with
their own relatives, but also with many other residents.
While the Family Council's relationship with administration
has been sometimes strained, the results of their efforts
have clearly benefited the residents. Examples of their
success include getting the floor of the recreation and
dining room replaced with new tiles because the old ones
were damaged and dangerous, getting the home to adopt a
policy for bringing non-kosher food items into the nursing
home, and forcing the home to increase the amount of linen
and bedding in stock after the family council noted a pattern
of shortage of these items.
Many family council
members believe the visitation restrictions were imposed
in retaliation for effective, successful leadership and
are intended to frighten Mr. Kozicki and others away from
advocacy activity. Because this effort to restrict visitation
is one of a growing number of such instances, FRIA sought
and obtained legal representation for Mr. Kozicki. A pro
bono law firm provided through New York Lawyers for the
Public Interest now represents the Family Council in meetings
with the home and its lawyer.
After nearly six
weeks, the DOH responded to the complaint made by Mr. Kozicki
and FRIA with immediate restoration of full visitation rights
for Mr. Kozicki.
FRIA urges
DOH to strengthen visitation rights.
Joined by the Nursing
Home Community Coalition (NHCC) of New York State, Alzheimer's
Association- New York City Chapter, Coalition of Aged and
Disabled (CIAD), and Pride Senior Network, FRIA has asked
DOH to clarify the regulations that protect visitation rights.
The groups urge that visitations restrictions
be allowed only when
there is danger to others
be limited to least restrictions necessary
be time limited with an obligation to work toward removing
them
be prohibited when the problem is staff/visitor conflict
be based on specific incidents and behavior with an opportunity
to rebut.
In addition, the
groups have asked that state policy should encourage nursing
homes to open themselves to the community, especially to
residents' neighbors and friends, to "friendly visitor"
groups and volunteers. Although residents with dementia
cannot legally consent or object to particular visits, nursing
homes should be required to facilitate visits that enhance
their quality of life and do not distress or harm them.
Inability to consent should not result in further isolation
and limited opportunities for interaction.
NEW
YORK STATE NURSING HOME
REGULATIONS ON VISITATIONS
NYCRR Title
10 Section 415.3
(2) With respect to its responsibilities to the resident
the facility shall:
(iv) provide
immediate access to any resident by the following:
(f) immediate
family or other relatives of the resident, subject
to the resident's right to deny or withdraw consent
at any time, and
(g) others who are visiting with the consent of the
resident, subject to reasonable restrictions and the
resident's right to deny or withdraw consent at any
time |
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