Patients' and residents' rights to visitors in a health care facility, restricting visitation, and liability for the actions of visitors

The bill requires certain long-term care facilities to grant residents compassionate care visitation, defined as in-person visitation between a resident and any individual the resident requests as needed to alleviate the resident's physical or mental distress. Under the bill, if the COVID-19 infection rate is 20 percent or higher in the county in which a long-term care facility is located, the long-term care facility must continue to offer compassionate care visitation in a way that minimizes infection risk. If a long-term care facility has had no new onset of COVID-19 in the past 14 days and it is located in a county with a COVID-19 infection rate under 10 percent, the facility must permit indoor visitation in addition to compassionate care visitation.

The bill requires a hospital or primary care facility to allow a child patient to have daily, in-person visitation at reasonable times with a parent, individual standing in the place of a parent, or legal guardian. In addition, the bill requires a hospital or primary care facility to allow an adult patient to have daily, in-person visitation at reasonable times with a spouse, support person, or legal guardian.

Under the bill, a hospital or primary care facility may restrict this visitation 1) at the request of the patient, law enforcement, or a court order; 2) if restricted access is necessary to prevent disruption to the care of the patient; 3) if the individual has signs and symptoms of a communicable infection, except that access must still be permitted through means that ensure patient safety; or 4) if the individual is determined to be dangerous or contrary to the welfare of the patient.

The bill requires a hospice to allow a patient to have in-person visitation at reasonable times with individuals designated by the patient or a guardian, spouse, or support person. In addition, the bill requires any health care facility to allow a clergy member or lay person to have in-person visitation with a patient to pray or offer spiritual support.

The bill permits a health care facility to establish a visitation policy which limits or restricts visitation when 1) the presence of visitors would be medically or therapeutically contraindicated; 2) the presence of visitors would interfere with the care of or rights of any patient or resident; 3) visitors are engaging in disruptive, threatening, or violent behavior toward any staff member, patient, or other visitor;

or 4) visitors are noncompliant with the health care facility's policy.

The bill directs the Department of Health Services to develop informational material regarding health care facility visitation, to present the informational material to the appropriate legislative committees, and to update the informational material as needed to allow for the maximum visitation possible in health care facilities. Health care facilities must make the informational material available to patients and residents.

The bill provides that patients may file complaints with appropriate state agencies and licensing boards for a health care facility's violation of the provisions of this bill, and state agencies and licensing boards must investigate and penalize health care facilities for failure to comply with this bill. However, the bill prohibits a state agency from taking action against a health care facility for granting visitors access to the facility or for the actions and omissions of those visitors.