AB 418

Under this bill, if an assisted living facility, nursing home, or hospital limits visitors due to an outbreak or epidemic of a communicable disease, the assisted living facility, nursing home, or hospital must allow certain visits with residents or patients of the assisted living facility, nursing home, or hospital. Specifically, an assisted living facility or nursing home must allow at least one member of the clergy and, in compassionate care situations, such as when the resident is grieving or nearing end of life, an essential visitor to visit with a resident of the assisted living facility or nursing home. A hospital must allow at least one member of the clergy to visit with a patient if the patient is nearing end of life, grieving the death of a friend or family member, or experiencing a life-threatening condition. A hospital must allow at least one essential visitor to visit with a patient if the patient is nearing end of life or grieving the death of a friend or family member, or if the attending health care professional judges that the benefits of the essential visitor’s presence outweighs the potential negative impacts that the essential visitor’s presence might have on other patients, visitors, and staff in the hospital.

The bill defines an “essential visitor” as a resident’s or patient’s guardian or agent under an activated power of attorney for health care or as an individual designated by the resident or patient, or the resident’s or patient’s guardian or agent under a power of attorney, to visit and provide support to the resident or patient.

The bill allows an assisted living facility, nursing home, or hospital to deny visitation with a resident or patient by a member of the clergy or an essential visitor if 1) the member of the clergy or essential visitor refuses to comply with health and safety policies; 2) it is unknown if the member of the clergy or essential visitor is contagious with a communicable disease and adequate precautions are not available to prevent them from infecting others; 3) the resident or patient is known or suspected to be contagious with a communicable disease and adequate precautions are not available to prevent them from infecting others; or 4) the resident or patient does not wish to visit with the member of the clergy or essential visitor. In addition, the bill allows a hospital to deny visitation with a patient by a member of the clergy or an essential visitor if the hospital’s policy requires the patient, or the patient’s guardian or agent under an activated power of attorney for health care, to consent to the visitation and that consent has not been given or if the patient is in the custody of a law enforcement officer and the law enforcement officer refuses to allow access to the patient for visitation.

If the federal Centers for Disease Control and Prevention or the federal Centers for Medicare and Medicaid issues more restrictive visitation guidance, an assisted living facility, nursing home, or hospital may comply with that guidance instead of the visitation requirements under the bill. The bill allows an individual to file a complaint with the Department of Health Services against an assisted living facility, nursing home, or hospital that fails to comply with the bill. In addition, under the bill, a health care professional, assisted living facility, nursing home, or hospital or an employee, agent, or contractor of an assisted living facility, nursing home, or hospital is immune from civil or criminal liability for any act or omission while allowing visitation pursuant to the requirements of the bill.