HB9037112th GA (Historical)Introduced

Amends TCA Title 8; Title 29; Title 33; Title 34; Title 56; Title 63; Title 68 and Title 71.

To the extent that such prohibitions are permissible under federal law and regulations, this bill generally prohibits healthcare practitioners and (where applicable) hospitals from various actions concerning COVID-19 patients, including:<br /> <br /> (1) Restricting the administration of a monoclonal antibody treatment or another treatment to a patient for treatment of a diagnosis of COVID-19 or a subsequent diagnosis resulting from a COVID-19 infection if a written request is made by the patient or, if the patient is unable to make medical decisions, the patient's advocate;<br /> <br /> (2) Restricting the transfer or release from care of a patient to another healthcare practitioner or hospital for the purpose of administration of a monoclonal antibody treatment or another treatment if the request is made by the patient or, if the patient is unable to make medical decisions, the patient's advocate. This bill requires the healthcare practitioner or hospital to transfer or release the patient within 24 hours of the request being made; and<br /> <br /> (3) Restricting a patient from having at least one patient advocate, selected solely by the patient, present with the patient at all times during the patient's stay at the hospital. This bill requires that a hospital provide medical records, 24-hour updates, and changed condition updates to the patient or the patient's advocate. In order to have access pursuant to this bill, the patient advocate must test negative for COVID-19 and not be exhibiting symptoms of another virus or communicable disease.<br /> <br /> Generally, a healthcare practitioner or hospital that complies with this bill's requirements and in so doing does not act with gross negligence will be shielded (where applicable) from civil liability, adverse employment action, or administrative discipline. A healthcare practitioner or hospital that violates this bill's prohibitions will be subject to such legal, professional, and administrative actions.<br /> <br /> This bill requires hospitals to post notice in a prominent location in each patient room and lobby of a patient's right to request treatments, to request a transfer or release from care, and to have access to a patient advocate pursuant to this bill.<br />

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Overview

To the extent that such prohibitions are permissible under federal law and regulations, this bill generally prohibits healthcare practitioners and (where applicable) hospitals from various actions concerning COVID-19 patients, including:<br /> <br /> (1) Restricting the administration of a monoclonal antibody treatment or another treatment to a patient for treatment of a diagnosis of COVID-19 or a subsequent diagnosis resulting from a COVID-19 infection if a written request is made by the patient or, if the patient is unable to make medical decisions, the patient's advocate;<br /> <br /> (2) Restricting the transfer or release from care of a patient to another healthcare practitioner or hospital for the purpose of administration of a monoclonal antibody treatment or another treatment if the request is made by the patient or, if the patient is unable to make medical decisions, the patient's advocate. This bill requires the healthcare practitioner or hospital to transfer or release the patient within 24 hours of the request being made; and<br /> <br /> (3) Restricting a patient from having at least one patient advocate, selected solely by the patient, present with the patient at all times during the patient's stay at the hospital. This bill requires that a hospital provide medical records, 24-hour updates, and changed condition updates to the patient or the patient's advocate. In order to have access pursuant to this bill, the patient advocate must test negative for COVID-19 and not be exhibiting symptoms of another virus or communicable disease.<br /> <br /> Generally, a healthcare practitioner or hospital that complies with this bill's requirements and in so doing does not act with gross negligence will be shielded (where applicable) from civil liability, adverse employment action, or administrative discipline. A healthcare practitioner or hospital that violates this bill's prohibitions will be subject to such legal, professional, and administrative actions.<br /> <br /> This bill requires hospitals to post notice in a prominent location in each patient room and lobby of a patient's right to request treatments, to request a transfer or release from care, and to have access to a patient advocate pursuant to this bill.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

October 26, 2021

Subjects
2170482338653670344523202290217321711210

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