F557 – Right to Retain and Use Personal Property

Within the resident right’s subsection of Appendix PP, F557 includes the resident’s right to retain and use their personal property. The regulatory language states that resident’s property includes furnishing and clothing as space permits, unless to do so would infringe on other resident’s rights or the health and safety of others.

The interpretative guidance tells nursing home providers that resident’s belongings must be treated with respect, and they should be allowed to bring in their own items to promote a homelike environment. There are a few exceptions to this regulation including if there is not sufficient space to accommodate the residents’ belongings that they would like to have and if bringing in their own items infringes on the rights, health, or safety of other residents in the building.

This regulation also includes guidance on searching resident’s belongings and personal space. Previously, nursing homes were possibly accustomed to being able to search the resident’s items without their consent. However, when the interpretative guidance was updated by the Centers for Medicare & Medicaid Services (CMS) in 2022, they included guidance on the nursing home staff’s ability to search the residents items and limited this practice. Nursing home staff must explain to the resident (or their representative) the intention of the search and the resident (or representative) must provide consent. This was recently cited on a survey when a resident reported to the surveyor that while they were at an appointment, the nursing home staff searched their room for a roommate’s missing remote control. The staff did not explain to the resident why they wanted to conduct a search and obtain verbal consent to do so, resulting in noncompliance.

If there is suspicion that a resident is potentially utilizing an illegal substance, the nursing home must not act as an arm of law enforcement. The resident’s room is their personal space and must be treated similarly to their home. If an illegal substance is witnessed in plain site, then the nursing home staff may confiscate it and report it to law enforcement, particularly if other resident’s safety may be at risk. Staff need to use caution when confiscating illegal substances though to maintain the chain of custody. It is always best to have a witness present when confiscating items and the use of gloves to touch any items is essential to ensure the safety of the staff.

Other examples of non-compliance include failure to allow a resident to have their personal possessions when there was no evidence to support the denial, resident’s items are lost or stolen, and residents were discouraged from bringing in their personal items.