Dispelling the Myth: Do nursing homes have set visiting hours?

Oct 26, 2025 4 min read •

long-term care elder care Resident Rights

According to federal law and recent guidance from the Centers for Medicare & Medicaid Services (CMS), residents of nursing facilities have the right to receive visitors of their choosing at any time. The widespread belief that nursing homes have set visiting hours is largely a misconception, stemming from outdated practices and temporary restrictions put in place during public health emergencies.

Quick Summary

Federal regulations ensure that residents of nursing homes can receive visitors, including family and friends, at any time of their choosing. While facilities can implement certain reasonable restrictions for safety or privacy, they cannot enforce blanket visiting hours or limit the frequency, duration, or number of visitors.

Key Points

Unrestricted Visiting Hours: Federal law prohibits nursing homes that receive Medicare/Medicaid from imposing blanket visiting hours on residents, especially for family members.
Reasonable Restrictions Only: Facilities may impose limited, reasonable restrictions for clinical or safety reasons, such as respecting a roommate's privacy or during an infectious disease outbreak in a contained area.
Post-COVID-19 Protections: Recent CMS guidance has lifted most pandemic-era restrictions, disallowing facilities from limiting the frequency, duration, or scheduling of visits.
Resident Consent is Key: A competent resident has the right to refuse a visit from any individual, and their wishes must be honored by the facility.
Equal Visitation Rights: Visitation privileges cannot be denied or restricted based on race, religion, sexual orientation, or gender identity.
Advocacy is Essential: If a facility improperly denies visitation, residents and their families can contact a Long-Term Care Ombudsman or the state survey agency for assistance.

Federal Law Protects Resident Visitation Rights

For any nursing facility that receives Medicare and Medicaid funding, federal law—specifically the Nursing Home Reform Act of 1987—establishes clear rights for residents, including the right to receive visitors. The Centers for Medicare & Medicaid Services (CMS) oversees and enforces these regulations. The rules state that a resident has the right to receive visitors at any time, subject to their own consent and in a manner that doesn't infringe on the rights of another resident. This means that immediate family members have a guaranteed right to immediate, unrestricted access.

The federal law makes an important distinction between different types of visitors:

Immediate Family and Relatives: The nursing home must grant immediate access to these individuals, unless the resident specifically denies the visit.
Other Visitors: Friends and non-relative visitors can also visit at any time, but facilities can impose "reasonable restrictions" on them. However, these restrictions cannot discriminate based on race, religion, sexual orientation, or gender identity.
Authorized Representatives: Government inspectors, ombudsman program visitors, physicians, and legal representatives must be granted immediate access to the resident.

What are "Reasonable" Restrictions?

While nursing homes cannot impose blanket visiting hours, they can set reasonable limitations for specific, non-discriminatory reasons. Examples of acceptable restrictions include:

Managing physical distancing during peak hours to ensure safety.
Directing nighttime visitors to a public area to respect a roommate's right to privacy and sleep.
Restricting access to a particular resident or area during an infectious disease outbreak, but only after specific criteria are met and in consultation with health officials.
Obtaining a restraining order or trespass warning for a visitor who is physically or emotionally abusive.
The resident themselves requesting that a specific person not be allowed to visit.

The Impact of the COVID-19 Pandemic

The COVID-19 pandemic brought a period of unprecedented changes to nursing home visitation, as facilities temporarily restricted access to protect vulnerable residents. However, CMS has since reversed these strict measures, recognizing the severe toll that isolation takes on residents' physical and mental health. Recent guidance emphasizes a return to person-centered, unrestricted visitation policies.

Key Changes from Pandemic Policies

As facilities adapted and moved beyond the public health emergency, CMS updated its guidance multiple times to reflect changing circumstances. The key changes from the strictest pandemic-era policies to current guidelines include:

End of Scheduled Visits: Facilities can no longer require advanced scheduling for visits.
No Limits on Frequency or Length: The frequency or length of a resident's visit cannot be restricted.
Indoor Visitation Allowed: Facilities must permit indoor visitation at all times for all residents, unless specific safety criteria are met.
Outbreak Protocols: During an outbreak, facilities should still permit visitation, though it may be restricted to a resident's room. A blanket shutdown of visitation across the entire facility is no longer acceptable if the outbreak is contained to a single unit.

Comparison of Visitation Rules


Aspect	Pre-Pandemic Rules (CMS 2016)	Peak Pandemic Restrictions (Early 2020)	Post-Pandemic Rules (Latest CMS Guidance)
Set Visiting Hours	Prohibited for family and immediate relatives.	Universal restrictions and lockdowns common, limited to 'compassionate care' situations.	Prohibited for all residents.
Visitation Frequency	Unrestricted for immediate family.	Severely limited or banned, except for end-of-life cases.	No facility-imposed limits on frequency.
Length of Visits	Unrestricted.	Short and highly restricted, if permitted.	No facility-imposed limits on length.
Advance Scheduling	Not required.	Typically required to manage traffic and screening.	No longer required.
Indoor Visits	Allowed at all times.	Severely restricted or banned.	Allowed at all times, with safety precautions.
Outbreak Restrictions	Minimal restrictions, with precautions.	Complete lockdown of visitation.	Permitted with precautions; may be restricted to resident's room or contained unit.

What to Do If Visitation Rights are Denied

If you or a loved one are being unfairly denied visitation, there are several steps you can take to address the issue:

Request the Policy in Writing: Ask the facility's administration for a copy of their official visitation policies and procedures. This provides a clear reference point to cite federal guidelines. All facilities must have these policies in writing and make them available to residents and their families.
Contact a Long-Term Care Ombudsman: These officials are advocates for residents and can help mediate disputes with the facility. They have immediate, protected access to all residents.
File a Complaint with the State Survey Agency: State Survey Agencies work with CMS to ensure facilities comply with federal and state regulations. If the facility continues to violate visitation rights, you can file a formal complaint.
Consider Legal Action: In cases of severe or ongoing violations, a lawsuit may be necessary to protect a resident's rights. Consulting with an elder law attorney is advisable.

Conclusion

The notion that nursing homes have strict, set visiting hours is outdated and contradicts current federal law. Regulations from the Centers for Medicare & Medicaid Services (CMS) protect residents' right to receive visitors of their choosing at any time, with only reasonable, clinically or safety-based restrictions permitted. While the pandemic created temporary restrictions, these have been lifted, restoring residents' rights to see family and friends freely. By understanding these rights, families can ensure their loved ones in long-term care maintain vital social connections.

This article provides general information and is not a substitute for legal advice. For specific questions about your rights or a facility's policies, it is best to consult with a qualified elder law attorney or a Long-Term Care Ombudsman.

Frequently Asked Questions

A nursing home cannot deny a family member access to a resident unless the resident explicitly refuses the visit or under extraordinary circumstances, such as a restraining order against the family member.

No. Under current CMS regulations, nursing homes are no longer allowed to require visitors to schedule their visits in advance. Visits should be allowed at all times, without prior notice.

If a resident has a roommate, a nursing home may ask the visitor to move to a public sitting area during sleeping hours to respect the roommate's right to privacy and rest. The visit cannot be denied, only relocated.

During the pandemic, many facilities restricted visitation to compassionate care situations only. However, current CMS guidance has rescinded these widespread restrictions, and facilities must now allow visits at all times, with infection control precautions.

No. While facilities can encourage visitors to be vaccinated and tested, they cannot require it as a condition of entry. Visitors who decline to disclose their vaccination status may be required to wear a mask.

An Ombudsman is a resident advocate who helps resolve issues, including disputes over visitation rights. They have a protected right to immediate access to residents and can be contacted for assistance.

No. A nursing home cannot impose fees or other financial penalties for visitation during non-peak or overnight hours. Visitation is a right, not an extra service.

References

Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.