Can I ask the circumstances around "non-verbal"? If the patient was fully cognitive but just unable to speak, how did the provider obtain information?
I kind of flip-flop on this; one could make the argument that by discrediting the patient based off the fact he/she cannot speak, but is fully aware of day and time, walks in a gray area of "unfairness" (dare I say, "discriminatory"), based on counting that service differently when the patient is of equal mental status and can speak. Also, although the patient cannot speak, the provider could possibly use facial cues and mannerisms in place of verbal answers (if the patient is mentally competent and the provider documents these observations). I'd liken it to illiterate patients; they are allowed to sign documents with an "X" instead of an actual signature and that's legally considered the equivalent to an actual signature, if the patient is mentally intact and can understand what they are signing.