Section 191.1400

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 2022   

  191.1400.  Citation of law — definitions — compassionate care visits to be permitted, policy — limitations — informational materials — violations may be reported — immunity from liability, when. — 1.  This section shall be known and may be cited as the "Compassionate Care Visitation Act" and the "No Patient Left Alone Act".

  2.  For purposes of this section, the following terms mean:

  (1)  "Compassionate care visitor", a patient's or resident's friend, family member, or other person requested by the patient or resident for the purpose of a compassionate care visit;

  (2)  "Compassionate care visit", a visit necessary to meet the physical or mental needs of the patient or resident, including, but not limited to:

  (a)  For end-of-life situations, including making decisions regarding end-of-life care during in-person contact or communication with the compassionate care visitor;

  (b)  For adjustment support or communication support, including, but not limited to, assistance with hearing and speaking;

  (c)  For emotional support;

  (d)  For physical support after eating or drinking issues, including weight loss or dehydration; or

  (e)  For social support;

  (3)  "Health care facility", a hospital, as defined in section 197.020, a long-term care facility licensed under chapter 198, or a hospice facility certified under chapter 197.

  3.  A health care facility shall allow a patient or resident, or his or her legal guardian, to permit at least two compassionate care visitors simultaneously to have in-person contact with the patient or resident during visiting hours.  Compassionate care visitation hours shall be no less than six hours daily and shall include evenings, weekends, and holidays.  Health care facilities shall be permitted to place additional restrictions on children under the age of fourteen who are compassionate care visitors.

  4.  Health care facilities shall have a visitation policy that allows, at a minimum:

  (1)  Twenty-four-hour attendance by a compassionate care visitor when reasonably appropriate;

  (2)  A compassionate care visitor to leave and return within the hours of the visitation policy.  A patient or resident may receive multiple compassionate care visitors during visitation hours, subject to the provisions of subsection 3 of this section; and

  (3)  Parents with custody or unsupervised visitation rights, legal guardians, and other persons standing in loco parentis to be physically present with a minor child while the child receives care in the facility.

  5.  This section shall not affect any obligation of a health care facility to:

  (1)  Provide patients or residents with effective communication supports or other reasonable accommodations in accordance with federal and state laws to assist in remote personal contact; and

  (2)  Comply with the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq.

  6.  A health care facility may limit:

  (1)  The number of visitors per patient or resident at one time based on the size of the building and physical space;

  (2)  Movement of visitors within the health care facility, including restricting access to operating rooms, isolation rooms or units, behavioral health units, or other commonly restricted areas; and

  (3)  Access of any person to a patient:

  (a)  At the request of the patient or resident, or the legal guardian of such;

  (b)  At the request of a law enforcement agency for a person in custody;

  (c)  Due to a court order;

  (d)  To prevent substantial disruption to the care of a patient or resident or the operation of the facility;

  (e)  During the administration of emergency care in critical situations;

  (f)  If the person has measurable signs and symptoms of a transmissible infection; except that, the health care facility shall allow access through telephone or other means of telecommunication that ensure the protection of the patient or resident;

  (g)  If the health care facility has reasonable cause to suspect the person of being a danger or otherwise contrary to the health or welfare of the patient or resident, other patients or residents, or facility staff; or

  (h)  If, in the clinical judgment of the patient's or resident's attending physician, the presence of visitors would be medically or therapeutically contraindicated to the health or life of the patient or resident, and the attending physician attests to such in the patient's or resident's chart.

  7.  Nothing in this section shall limit a health care facility from limiting or redirecting visitors of a patient or resident in a shared room to ensure the health and safety of the patients or residents in the shared room.  Nothing in this section shall be construed to prohibit health care facilities from adopting reasonable safety or security restrictions or other requirements for visitors.

  8.  Nothing in this section shall be construed to waive or change long-term care facility residents' rights under sections 198.088 and 198.090.

  9.  No later than January 1, 2023, the department of health and senior services shall develop informational materials for patients, residents, and their legal guardians regarding the provisions of this section.  A health care facility shall make these informational materials accessible upon admission or registration and on the primary website of the health care facility.

  10.  A compassionate care visitor of a patient or resident of a health care facility may report any violation of the provisions of this section by a health care facility to the department of health and senior services.  The department shall begin investigating any such complaint filed under this subsection within thirty-six hours of receipt of the complaint.  The purpose of such investigation shall be to ensure compliance with the provisions of this section and any such investigation shall otherwise comply with the complaint processes established by section 197.080 for a hospital, section 197.268 for a hospice facility, and section 198.532 for a long-term care facility.

  11.  No health care facility shall be held liable for damages in an action involving a liability claim against the facility arising from the compliance with the provisions of this section.  The immunity described in this subsection shall not apply to any act or omission by a facility, its employees, or its contractors that constitutes recklessness or willful misconduct and shall be provided in addition to, and shall in no way limit, any other immunity protections that may apply in state or federal law.

  12.  The provisions of this section shall not be terminated, suspended, or waived except by a declaration of emergency under chapter 44, during which time the provisions of sections 191.2290 and 630.202 shall apply.

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(L. 2022 H.B. 2116, et al. merged with S.B. 710)