What Are the Rules for Nursing Home Visits? Resident Rights in 2025

When residents move into your nursing home, they still have full rights about who can visit, when, and under what conditions. But balancing open visitation with safety, regulatory compliance, and resident wellbeing can get tricky — especially with evolving laws and health guidelines.

Understanding what the rules for nursing home visits are is crucial for maintaining both resident autonomy and facility safety.

In this article, we’ll cover:

• What are the rules for nursing home visits

• Essential visitation rights and current federal and state rules

• What you can (and can’t) legally restrict about visits

• Practical tips to manage visitation effectively without compromising resident rights

Let’s begin.

Understanding nursing home visitation rights

Residents have clear legal rights when it comes to visitation, and knowing these rights can help your facility avoid unnecessary conflict and compliance issues.

Under federal guidelines, nursing home residents must be allowed to see visitors of their choosing, whenever they choose, as long as visits don’t infringe on the safety or rights of other residents. This includes immediate family members, relatives, friends, or even legal representatives.

Federal vs. state visitation laws: What’s the difference?

While federal guidelines set a baseline for nursing home visitation rights, state laws and other regulations can introduce additional requirements — and in some cases, impose stricter limitations than federal rules, particularly during public health emergencies.

CMS mandates that facilities must allow visitation at all times but also permits reasonable limitations, such as managing infection control, safety concerns, and the rights of other residents. Facilities are not obligated to allow visitors to roam unrestricted in all circumstances.

But state regulations can — and often do — add extra layers of requirements, particularly around infection control or health screenings. For instance, some states used to require rapid COVID-19 testing of visitors provided by the facility.

This means your facility must stay up to date on both federal requirements and state-specific rules to ensure full compliance.

How COVID-19 has reshaped visitation policies

COVID-19 dramatically shifted visitation practices, highlighting the balance between residents’ rights and public health concerns.

Early in the pandemic, many nursing homes paused visitation entirely, but CMS guidelines have since emphasized that visitation must continue, even during outbreaks, with strict infection prevention measures.

Staying current with CDC and CMS guidance helps your facility navigate these challenging scenarios confidently, ensuring both compliance and resident satisfaction.

Key points: What are the rules for nursing home visits?

Visitation rules in nursing homes aren't arbitrary — they’re guided by clear federal regulations and state-specific nuances. Understanding exactly what's allowed (and when exceptions apply) keeps your facility compliant and residents satisfied.

Federal visitation guidelines

Nursing home visiting hours have evolved significantly, especially in the wake of recent health guidelines, prioritizing residents' connections with loved ones.

CMS guidelines are clear: Nursing homes must permit visitors at all times, with only limited exceptions. Here's what your facility needs to keep in mind:

• Visiting hours and scheduling: Federal guidelines explicitly state visitation must be allowed at all hours. Nursing homes cannot impose rigid schedules or fixed visiting hours that restrict residents’ rights.
  
  However, facilities can request visitors to schedule visits during busy times (like holidays) to prevent crowding — but you must still ensure residents can have visitors whenever they want.
  
  

• Health screenings and COVID precautions: Nursing homes can perform health screenings for visitors, including rapid COVID-19 tests if provided by the facility. If your facility doesn’t have tests available, visits must still proceed, provided visitors aren’t symptomatic, positive, or under quarantine.
  
  

• In-room visits and roommates: Visits in resident rooms are allowed even if a roommate is present, as long as physical distancing is possible. Ideally, visits occur when roommates aren't present, but if that isn't feasible, your facility should offer alternative locations or schedule visits when roommates are away.

Facility type matters: Skilled nursing vs. assisted living

Rules can vary depending on the facility type:

• Skilled nursing facilities (SNFs) typically have stricter infection control requirements, as they provide clinical and rehabilitative care. You may have more rigorous screening procedures, especially during outbreaks.
  
  

• Assisted living communities usually have greater flexibility in visitation, reflecting their residential nature. Restrictions tend to be fewer, though infection prevention measures still apply.

Know your facility type well to set visitation policies accurately.

Exceptions: End-of-life and compassionate care visits

While general visitation must always be allowed, nursing homes must take special care to accommodate visits in critical situations:

End-of-life visits: These visits must be prioritized and permitted even during significant outbreaks or strict lockdowns. Families must always have immediate access to loved ones nearing end-of-life care.

Compassionate care visits: These include situations where residents experience emotional distress, significant health decline, or major life changes. Compassionate visits must be facilitated promptly, regardless of general visitation rules.

Special considerations for holidays and weekends

High visitation periods, like holidays, require additional planning — but you cannot deny visitation outright. 

Instead, your facility can:

• Encourage visits by appointment or stagger visits throughout the day.

• Limit visitor numbers temporarily in communal spaces to maintain distancing.

• Clearly communicate any special rules ahead of busy visitation days to manage expectations effectively.

Nursing home visiting hours: What to expect

Officially, nursing homes must permit visitation at all times. But what does that look like practically at your facility?

Standard visiting hours (and flexibility required)

While many nursing homes set preferred visiting times — often between 8 am and 8 pm — to manage operational flow and staff availability, CMS explicitly states visitation must be available 24/7. Restrictive hours or blanket limitations aren't permissible.

Your facility can recommend specific hours for convenience, but must clearly inform families and residents that visits outside these hours are always allowed upon request.

Factors influencing visitation policies

Facilities often adopt different visitation approaches based on several factors.

• Facility size and layout: Larger SNFs or assisted living centers might have dedicated visitation spaces or more staffing flexibility, allowing extended visiting hours and fewer scheduling restrictions.
  
  

• Resident population health status: Facilities with higher-risk populations, such as residents in memory care or long-term acute care, might implement stricter infection control practices during outbreaks.
  
  

• COVID-19 status and local guidelines: Outbreaks may prompt temporary visitation changes, always coordinated with local health authorities.

Balancing visitation rights and safety requires clear policies on masks, distancing, ventilation, and visitor compliance. Educate visitors who struggle with safety measures, relocate visits if needed, and document all visitor education clearly to ensure compliance.

By clearly communicating visitation guidelines, your facility can smoothly navigate visitation management — without compromising resident rights.

Can a nursing home deny visitors?

Family members often wonder: can a nursing home deny visitors? The answer is complex, with specific guidelines that balance resident rights and facility protocols.

While residents generally have the right to choose who visits and when, there are specific circumstances where visitation can be legally restricted. Understanding these exceptions can help your facility handle sensitive situations clearly and legally.

Federal guidelines state that nursing homes may only restrict visitation in rare and specific situations, such as:

• If a visitor shows signs of illness or fails a health screening (such as fever or positive COVID-19 test).
  
  

• If visitation poses a direct risk to other residents’ safety or infringes on their rights.
  
  

• When a significant communicable disease outbreak occurs, but only temporarily and after consulting state or local health authorities.

Facilities cannot permanently or arbitrarily deny visits. Temporary restrictions must be clearly communicated, limited in scope, and promptly lifted once the situation resolves.

If your facility must deny entry temporarily, families and residents should be informed immediately, clearly explaining the reason for the restriction and when visitation will resume. If visitors disagree with restrictions, residents and families have the right to appeal by:

• First addressing concerns directly with facility administrators or the Director of Nursing.
  
  

• Contacting your facility’s resident council or ombudsman program, which advocates for residents' rights.
  
  

• Filing a formal complaint with state regulators if the situation isn't adequately resolved by the facility.

Transparency and clear communication during visitation restrictions help reduce disputes and promote trust.

Can a family member be banned from a nursing home?

Banning a visitor is only legal when their presence threatens the safety of residents, staff, or other visitors. The process requires clear documentation and must comply with ombudsman programs and legal appeals.

Common reasons your facility may restrict or ban a family member include:

• Verbal or physical abuse of staff, residents, or other visitors.
  
  

• Ongoing disruptive behavior interfering with facility operations or the care of residents.
  
  

• Refusal to comply with health and safety guidelines, even after multiple warnings or interventions.

If a family member is banned or restricted from visits, the facility must clearly document the reasons, incidents, and any previous attempts to resolve the issue. The ban must also be clearly communicated to both the resident and the banned individual, outlining the terms and conditions required to lift restrictions.

Families and banned visitors have options to challenge visitation restrictions:

• Internal appeal: Families should initially discuss the situation directly with facility administrators or the clinical leadership team.
  
  

• Involving external advocates: If internal resolution isn't possible, families can involve their local ombudsman, who can mediate conflicts and advocate for residents' rights.
  
  

• Formal complaints: Families can file a complaint with state health authorities or CMS if they believe a ban is unfair or unlawful.

When dealing with family disputes, your facility should remain neutral, respectful, and transparent. Clearly documenting all interactions, resolutions attempted, and outcomes is essential to protecting your residents and facility reputation.

Can family stay overnight in a nursing home?

Many wonder if family can stay overnight in a nursing home, particularly during critical care situations like end-of-life or compassionate care scenarios.

Although nursing homes typically don't allow routine overnight stays for family members, exceptions exist for special circumstances. If a resident is nearing end-of-life, receiving hospice care, or experiencing significant health challenges, your facility can allow overnight visitors on a case-by-case basis.

• Hospice and compassionate care: Facilities commonly approve overnight stays for families supporting residents in hospice care or during critical health transitions.
  
  

• Requesting approval: Families should discuss overnight visit requests directly with administrators or the Director of Nursing, who can then grant approval based on documented reasons and available accommodations.

Can nursing home residents leave for the day?

Residents don't lose their freedom to interact with the community when they move into your facility. They retain the right to short-term outings, like attending family gatherings, medical appointments, or shopping trips, provided they’re safe to do so.

• Rules for temporary outings: Short leaves, or “day passes,” are allowed and even encouraged to maintain residents' community ties. Medicare typically covers absences if residents return before midnight; overnight absences may require a bed-hold fee, clearly communicated beforehand.

• Transportation and safety responsibilities:  Families usually handle transportation, but your facility remains responsible for ensuring residents have necessary medications, clear departure and return times, and safe conditions during outings.
  
  

• Residents with dementia or memory loss: Extra caution is necessary. Staff should carefully assess a resident’s cognitive capacity, communicate risks clearly to families, and ensure adequate supervision and safety measures are in place.

Can a nursing home prevent a resident from leaving?

Nursing home residents retain their independence, including the right to leave the facility for personal outings. However, financial coverage and safety considerations can impact how and when they can do so.

While residents can take short-term outings for activities like family visits or medical appointments, Medicare does not cover temporary leaves for personal outings. Medicare reimburses skilled nursing care on a per-day basis, meaning residents who leave for the day do not receive separate coverage for time spent outside the facility.

For longer absences, some facilities charge a bed-hold fee, ensuring that a resident’s spot remains reserved during an extended leave. Whether this fee applies depends on state Medicaid policies and individual facility rules.

Families should check with the facility about financial policies for temporary absences, especially for overnight stays.

Residents generally have the right to leave unless their health or safety is at risk. However, facilities may legally restrict a resident’s ability to leave in certain situations, particularly for individuals with cognitive impairment, advanced dementia, or under legal guardianship.

Some states have specific elopement prevention laws, which allow facilities to implement safety measures for residents who may be at risk of wandering or harm. This can include:

• Supervised outings for residents with memory loss

• Secured units for those with dementia

• Legal restrictions when a guardian is responsible for medical decisions

While autonomy is a fundamental right, facilities must balance resident freedom with safety considerations, ensuring that any restrictions comply with legal and ethical standards.

Types of nursing homes & their visitation policies

Not all nursing homes have identical visitation policies — understanding these differences helps your facility set appropriate expectations and avoid confusion:

• Skilled nursing facilities (SNFs): Usually offer more structured visitation policies due to residents' higher medical needs. Policies often include specific infection-control measures, screenings, and clearer guidelines for visitation during health outbreaks.
  
  

• Assisted living facilities: Typically more flexible, reflecting the residential atmosphere. Assisted living often allows broader visitation hours and fewer restrictions, focusing on resident independence and quality of life.
  
  

• Memory care units: Due to cognitive impairment and safety concerns, memory care units may have stricter visitation rules. Visits might be limited or supervised to ensure resident safety and minimize disruptions.
  
  

• Specialized facilities (e.g., rehab centers or LTACs): Facilities providing specialized care may adopt unique visitation guidelines, considering residents’ specific medical conditions or treatment schedules.
  
  

Being clear about your facility type helps families and residents understand what to expect, ensuring smoother relationships and better compliance.

Frequently asked questions

How do state nursing home laws impact visitation policies?

State laws often add extra requirements or precautions to the federal standards, especially regarding infection control measures, visitor screening, and visitation during health crises like COVID-19.

Your facility must comply with both federal and state regulations, prioritizing whichever rules provide the greatest protection and rights for residents.

Can a nursing home restrict visits for unvaccinated visitors?

No, nursing homes cannot deny visitation based solely on a visitor's vaccination status. However, your facility can take additional precautions — like masking, distancing, or offering outdoor visitation — to protect residents and staff from potential health risks associated with unvaccinated visitors.

Are nursing home residents allowed to take vacations or trips?

Yes, residents have the right to leave temporarily for vacations, family trips, or other short-term outings. Your facility must clearly communicate any financial responsibilities (like bed-hold fees for overnight absences), arrange necessary medications, and ensure proper planning and communication to maintain resident safety during the trip.

What are the rules for video calls and virtual visits in nursing homes?

Nursing homes must facilitate residents’ communication with family and friends, including providing reasonable access to video calls or virtual visits. Your facility should offer technology support or assistance as needed, ensure resident privacy during virtual visits, and set clear guidelines to maintain accessibility without disrupting other residents.

How can families advocate for better visitation policies?

Families can advocate by regularly participating in resident councils, communicating openly with facility administrators, or contacting the local ombudsman, who advocates for resident rights.

Constructive dialogue, clear documentation of concerns, and collaboration with facility management are key to achieving positive changes in visitation practices.

Above all, patient safety and ethical admissions practices are paramount in healthcare. Our in-depth article on patient dumping provides crucial insights into the legal and ethical considerations that every nursing home administrator must understand to protect both patients and their facility's reputation.

Software to streamline running your SNF

Along with ensuring compliance with rules for nursing home visits, running a skilled nursing facility involves managing complex administrative processes alongside resident care. Referral packets, insurance verification, admission documentation, and compliance reporting demand significant time and attention.

The challenge for most facility administrators is balancing meticulous documentation with quality patient care. Inefficient processing can lead to delayed admissions, billing complications, or compliance risks that impact your facility's operations and reputation.

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Marketing plays a critical role in how skilled nursing facilities connect with potential residents and their families. But if you want your facility to win more referrals, find out how ExaCare can help. Talk with our team to learn more.

Schedule a demo.