SB2169112th GA (Historical)Introduced

Amends TCA Title 14 and Title 68, Chapter 11.

During a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, present law prohibits a hospital from restricting a patient from having at least one family member present with the patient during the stay in the hospital as long as the family member tests negative for COVID-19 and is not exhibiting symptoms of COVID-19 or another virus or communicable disease. <br /> <br /> This bill adds that, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a hospital is required to allow a resident to have visitors during end-of-life situations and is prohibited from restricting a patient from having at least one patient representative present in the hospital so long as the patient representative:<br /> <br /> (1) Provides a negative test for COVID-19 in accordance with the hospital's policy;<br /> <br /> (2) Is not exhibiting symptoms of COVID-19 or another communicable disease;<br /> <br /> (3) Agrees to follow all safety protocols established by the hospital; and<br /> <br /> (4) Would not by their presence in the hospital cause the hospital to violate any federal or state law, rule, or guidance regulating that hospital.<br /> <br /> For purposes of this bill, a patient representative is a family member or another individual, chosen by a hospital patient, to act on behalf of the patient in order to support the patient in decision-making; access medical, social, or other personal information for or from the hospital; manage financial matters; or receive notifications.<br /> <br /> ON MARCH 31, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2169, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill and expands present law that, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, prohibits hospitals from restricting a patient from having at least one family member present with the patient during the stay in the hospital as long as the family member tests negative for COVID-19 and is not exhibiting symptoms of COVID-19 or another virus or communicable disease.<br /> <br /> This amendment requires hospitals to:<br /> <br /> (1) Implement written policies and procedures regarding the patient's right to receive visitation;<br /> <br /> (2) Inform the patient or patient representative of the patient's visitation rights, including any clinical restriction or limitation on such rights; and<br /> <br /> (3) Refrain from restricting a patient from having at least one patient representative as a visitor, as long as the patient representative agrees to follow all safety protocols established by the hospital, which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the hospital.<br /> <br /> This amendment specifies that its provisions do not preclude a hospital from limiting access to areas of the hospital that necessitate a higher level of safety protocols.<br /> <br /> This amendment defines "patient representative" as a family member or another individual, chosen by a hospital patient, to act on behalf of the patient in order to support the patient in decision-making; access medical, social, or other personal information for or from the hospital; manage financial matters; or receive notifications.<br />

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Overview

During a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, present law prohibits a hospital from restricting a patient from having at least one family member present with the patient during the stay in the hospital as long as the family member tests negative for COVID-19 and is not exhibiting symptoms of COVID-19 or another virus or communicable disease. <br /> <br /> This bill adds that, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a hospital is required to allow a resident to have visitors during end-of-life situations and is prohibited from restricting a patient from having at least one patient representative present in the hospital so long as the patient representative:<br /> <br /> (1) Provides a negative test for COVID-19 in accordance with the hospital's policy;<br /> <br /> (2) Is not exhibiting symptoms of COVID-19 or another communicable disease;<br /> <br /> (3) Agrees to follow all safety protocols established by the hospital; and<br /> <br /> (4) Would not by their presence in the hospital cause the hospital to violate any federal or state law, rule, or guidance regulating that hospital.<br /> <br /> For purposes of this bill, a patient representative is a family member or another individual, chosen by a hospital patient, to act on behalf of the patient in order to support the patient in decision-making; access medical, social, or other personal information for or from the hospital; manage financial matters; or receive notifications.<br /> <br /> ON MARCH 31, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2169, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill and expands present law that, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, prohibits hospitals from restricting a patient from having at least one family member present with the patient during the stay in the hospital as long as the family member tests negative for COVID-19 and is not exhibiting symptoms of COVID-19 or another virus or communicable disease.<br /> <br /> This amendment requires hospitals to:<br /> <br /> (1) Implement written policies and procedures regarding the patient's right to receive visitation;<br /> <br /> (2) Inform the patient or patient representative of the patient's visitation rights, including any clinical restriction or limitation on such rights; and<br /> <br /> (3) Refrain from restricting a patient from having at least one patient representative as a visitor, as long as the patient representative agrees to follow all safety protocols established by the hospital, which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the hospital.<br /> <br /> This amendment specifies that its provisions do not preclude a hospital from limiting access to areas of the hospital that necessitate a higher level of safety protocols.<br /> <br /> This amendment defines "patient representative" as a family member or another individual, chosen by a hospital patient, to act on behalf of the patient in order to support the patient in decision-making; access medical, social, or other personal information for or from the hospital; manage financial matters; or receive notifications.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
2290

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