Legal Witness and Consent

Legal Witness and Consent Policy

Effective Date: [Original NPP Date]
Revised Date: [Current Date]

Goal

To ensure that facility employees do not witness any legal documents, thereby maintaining professional boundaries and compliance with legal standards.

Policy

Under no condition should any employee or nursing personnel witness any legal documents. The resident and/or responsible party should be directed to the Administrator for his/her attention.

Procedure

1. Directing Requests:

   • If a resident or responsible party requests a facility employee to witness a legal document, the employee must politely decline and inform them of the facility's policy.
   • The employee should then direct the resident or responsible party to the Administrator.

2. Administrator's Role:

   • The Administrator will review the request and provide guidance on the appropriate steps to take, which may include advising the resident or responsible party to seek a legal witness outside of the facility.

3. Documentation:

   • Any interactions regarding requests to witness legal documents should be documented in the resident’s file, noting the referral to the Administrator and any further instructions provided.

4. Employee Training:

   • All employees will be trained on this policy during orientation and through annual training sessions to ensure understanding and compliance.

References

• Centers for Medicare & Medicaid Services. State Operations Manual, Appendix PP - Guidance to Surveyors for Long-Term Care Facilities. [Link to current CMS SOM]
• CMS Requirements of Participation for Long-Term Care Facilities. [Link to current guidelines]