Patient Visitation FAQ Dear Colleague Letter

January 17, 2024

Re: Ensuring Non-Discrimination in Patient Visitation: Obligations under 42 C.F.R. Sections 482.13(h), 483.10(/)(4), 485.614(h), and civil rights laws

Dear Colleagues:

The Biden-Harris Administration has established the Interagency Policy Committee on Countering Antisemitism, Islamophobia, and Related Forms of Discrimination and Bias. In furtherance of those ends, the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) is sending this letter to remind covered facilities and entities of their distinct obligations under CMS regulations and federal civil rights laws to ensure nondiscrimination in facility visitation policies, including during a public health emergency.

Under CMS regulations at 42 C.F.R. Sections 482.13(h) (hospitals), 483.10(f)(4) (long term care facilities), and 485.614(h) (critical access hospitals), facilities subject to these regulations are prohibited from restricting, limiting, or otherwise denying visitation privileges on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability, and are required to have written visitation policies and procedures regarding such prohibitions. OCR enforces the bar on religious discrimination in these regulations. Civil rights laws, including Section 1557 of the Affordable Care Act (42 U.S.C. 18116) and Section 504 of the Rehabilitation Act (29 U.S.C. § 794), also prohibit discrimination on the basis of race, color, national origin, sex (including sexual orientation and gender identity), age, and disability in certain federally funded programs and activities. These laws may also prohibit restrictions on visitation in some circumstances.

To help your facility or entity understand its obligations, OCR is providing the attached guidance titled FAQs on Patient Visitation at Certain Federally Funded Entities and Facilities. This guidance provides examples demonstrating the importance of considering the religious needs of patients and other individuals receiving care in implementing visitation policies and procedures that do not discriminate on the basis of religion and other protected bases. This guidance also contains information to help covered facilities and entities ensure their visitation policies, procedures, and practices provide for effective communication with patients and other individuals receiving care.

OCR is deeply committed to helping hospitals, long-term care facilities, and critical access hospitals understand these CMS regulations and civil rights laws and ensure that their visitation policies, procedures, and practices are compliant. OCR is available to provide ongoing technical assistance regarding your hospital's or facility's obligations. If you have questions, please contact OCR at OCRMail@hhs.gov.

Sincerely,

/s/

Melanie Fontes Rainer
Director, Office for Civil Rights