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February 08, 2023   

Walking the Tightrope: Best Practices for Supporting Nursing Home Residents’ Right to Sexual Expression While Protecting Them from Sexual Abuse

This Briefing is brought to you by AHLA’s Post-Acute and Long Term Services Practice Group.
  • February 08, 2023
  • Jennifer L. Hilliard , Arnall Golden Gregory LLP

Researchers have noted slow progress toward supporting nursing home residents’ right to sexual expression, perhaps due to the roles of regulatory requirements and fear of liability.

Tension between the resident rights and abuse provisions of the Medicare Requirements of Participation (RoPs), as well as variations in surveyor response to instances of sexual encounters involving residents, may account for much of the perceived lag, especially in instances where one or both residents involved suffers from dementia.

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