Access to Residents and Participants

Section 270.140  Access to Residents and Participants a) Access , by representatives of the Office, means the right to immediately: 1) Enter any long-term care facility; 2) Communicate privately and without restriction with any resident or participant, regardless of age, who consents to the communication; 3) Seek consent to communicate privately and without restriction with any participant or resident, regardless of age; 4) Observe all areas of the long-term care facility or supportive living facility, assisted living or shared housing establishment, except the living area of any resident who protests the observation; and 5) Subject to permission of the participant or resident requesting services or his or her representative, enter a home or community-based setting. (Section 4.04(b)(1) of the Act) b)         Failure to allow access to residents or participants, in accordance with this Subpart, may result in a finding of willful interference.