SB2185112th GA (Historical)Introduced

Amends TCA Title 8; Title 14; Title 29; Title 33; Title 34; Title 56; Title 63; Title 68 and Title 71.

This bill prohibits a healthcare institution from restricting a patient from having at least one advocate, selected solely by the patient, present with the patient at all times during the patient's stay in the healthcare institution to assist the patient in making healthcare decisions. In order to have such access, the advocate must not be exhibiting symptoms of a virus or communicable disease. The advocate must comply with the healthcare institution's protocols for visitors, except those requiring proof of a COVID-19 vaccine. For purposes of the advisory role of the advocate, the healthcare institution: (1) Must immediately provide the patient's full medical record in possession of the institution to the advocate following written request by the advocate: (A) If the patient is able to make medical decisions and agrees in writing to the disclosure; or (B) If the patient is incapacitated; (2) Must immediately provide updates to the advocate of a change in the condition of the patient: (A) If the patient is able to make medical decisions and agrees in writing to the update; or (B) If the patient is incapacitated; and (3) If the patient is in the institution for more than one day, must update the advocate as to the patient's condition at least once every 24 hours: (A) If the patient is able to make healthcare decisions and agrees in writing to the update; or (B) If the patient is incapacitated. If a healthcare institution complies with the above requirements of this bill, then the healthcare institution will not be subject to: (1) A cause of action by the patient, the advocate, or the patient's estate for that compliance; or (2) An adverse action by the entity responsible for licensing the institution for that compliance. If a healthcare institution refuses to comply with this bill, then: (1) The patient, the advocate, or the patient's estate has a cause of action against the institution; and (2) The institution is deemed a facility detrimental to the health, safety, and welfare of the patient and the entity responsible for licensing the institution must suspend the admission of new patients or residents pursuant to present law.

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Overview

This bill prohibits a healthcare institution from restricting a patient from having at least one advocate, selected solely by the patient, present with the patient at all times during the patient's stay in the healthcare institution to assist the patient in making healthcare decisions. In order to have such access, the advocate must not be exhibiting symptoms of a virus or communicable disease. The advocate must comply with the healthcare institution's protocols for visitors, except those requiring proof of a COVID-19 vaccine. For purposes of the advisory role of the advocate, the healthcare institution: (1) Must immediately provide the patient's full medical record in possession of the institution to the advocate following written request by the advocate: (A) If the patient is able to make medical decisions and agrees in writing to the disclosure; or (B) If the patient is incapacitated; (2) Must immediately provide updates to the advocate of a change in the condition of the patient: (A) If the patient is able to make medical decisions and agrees in writing to the update; or (B) If the patient is incapacitated; and (3) If the patient is in the institution for more than one day, must update the advocate as to the patient's condition at least once every 24 hours: (A) If the patient is able to make healthcare decisions and agrees in writing to the update; or (B) If the patient is incapacitated. If a healthcare institution complies with the above requirements of this bill, then the healthcare institution will not be subject to: (1) A cause of action by the patient, the advocate, or the patient's estate for that compliance; or (2) An adverse action by the entity responsible for licensing the institution for that compliance. If a healthcare institution refuses to comply with this bill, then: (1) The patient, the advocate, or the patient's estate has a cause of action against the institution; and (2) The institution is deemed a facility detrimental to the health, safety, and welfare of the patient and the entity responsible for licensing the institution must suspend the admission of new patients or residents pursuant to present law.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
2290482338652170

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SB2185: Amends TCA Title 8; Title 14; Title 29; Title 33; Title 34; Title 56; Title 63; Title 68 and Title 71. | LegisGo