During the 2020 Pandemic, I have had many clients call to complain that they were unable to visit with their loved ones who were in nursing homes or assisted living facilities. If you have had issues with being able to see your loved one face-to-face, here is some advice about your rights if you are unable to visit a loved one during the pandemic in Florida.
You are considered a “compassionate care visitor” (CCV), if you provide emotional support or help with a difficult or upsetting transition or loss for your loved one living in a facility. Also, if you assist your loved one with eating/drinking (this includes cueing them or encouraging them to eat), you qualify as a CCV. Why is this important? As a CCV, you have the right to visit your loved one and have physical contact. This is true whether it is an assisted living facility or skilled nursing facility. Also, a CCV must be permitted to visit after normal business hours and on weekends, and can visit regardless of community p0sitivity rates or facility COVID cases. Additionally, it is not necessary for CCV’s to be included in a Care Plan or Service Plan.
As for general visitors (non-CCV), they may have socially distant visitation. If there are COVID cases in the facility or in a 10%+ positivity rate in the facility community, non-CCV’s may visit outside, so long as compliance with safety precautions is maintained. Children may also visit as long as they are properly monitored. Clergy, attorneys, and non-relatives may also visit so long as they are socially distant.
What to Expect When You Visit Your Loved One
- Call and schedule a specific time for your visit. This is required. Ask specifically what door you should enter, or where you can meet with your loved one outside. Confirm how long you can plan to visit.
- Bring your mask with you and wear it properly. A surgical mask is needed if the visit is inside the building and for all CCVs. A cloth mask is fine for an outdoor visit. The facility may provide a surgical mask, but are not required to do so. Come prepared.
- Be prepared to have your temperature taken, answer questions regarding any signs or symptoms of COVID you may have, and disclose if you have had any exposure to a positive COVID person within the last 14 days. If you do have a fever, have any symptoms, or have had exposure, you will not be allowed to visit.
- Training may be required on visitation policies, infection prevention and control, and proper use of PPE. You may need to sign confirmation of receiving the training and receipt of the facilities policies. Your visit will be documented in the event contact tracing is needed.
- Visits outside require continuous mask use and social distancing (6 ft.). Compassionate Care Visits inside require continuous wearing of a surgical mask, however, social distancing is not required, but these visits may be limited.
Much thanks to the Elder Law Section of the Florida Bar and the Academy of Florida Elder Law Attorneys for putting this information together to help you if you are unable to visit a loved one during the pandemic in Florida.