Amends TCA Title 34, Chapter 6, Part 2 and Title 68.

TRANSFERS AND HEALTHCARE DECISIONS<br /> <br /> Present law provides that a healthcare provider or institution that declines to comply with an individual instruction or healthcare decision pursuant to enumerated statutory reasons must: <br /> <br /> (1) Promptly inform the patient, if possible, and any person authorized to make healthcare decisions for the patient; <br /> <br /> (2) Provide continuing care to the patient until a transfer can be effected or until the determination has been made that transfer cannot be effected; <br /> <br /> (3) Unless the patient or the person authorized to make healthcare decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision; and<br /> <br /> (4) If a transfer cannot be effected, the healthcare provider or information must not be compelled to comply. <br /> <br /> This bill removes (4) above. This bill also adds that, if a transfer cannot be effected in a timely manner pursuant to (1)-(3) above, then the provider or institution cannot be compelled to comply and must fulfill a request for a second opinion made by a person then authorized to make healthcare decisions for the patient. This bill further clarifies that the above provisions do not permit a provider to continue or administer treatment or a specific kind of treatment after the patient or a person with power of attorney for health care of the patient demanded the provider to discontinue or not to administer the treatment or specific kind of treatment. <br /> <br /> Present law provides that a provider must arrange for the prompt and orderly transfer of a patient to the care of others when as a matter of conscience the provider cannot implement the healthcare decisions made by the attorney in fact for the patient as provided in a durable power of attorney for health care. This bill revises this provision to, instead, require that a provider must arrange for the prompt and orderly transfer of a patient to the care of others when the health care provider in good faith medical judgment cannot implement the request of a person with a power of attorney for health care. <br /> <br /> ACCESS TO MEDICAL RECORDS AND INFORMATION<br /> <br /> Present law provides that, except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the patient to receive information regarding the proposed health care, to receive and review medical records, and to consent to the disclosure of medical records. This bill adds the following to the present law:<br /> <br /> (1) A full medical record must be provided within 24 hours of a written request by the person with power of attorney for health care;<br /> <br /> (2) Except as provided in (3) below, an individual with a durable power of attorney for health care must be granted 24-hour access to physical in-person visits with the patient to evaluate the patient's condition;<br /> <br /> (3) A health care facility may require that an individual with a durable power of attorney for health care who is entering the facility's premises for purposes of visitation submit to non-invasive health and safety protocols. Additionally, the visitation rights in (1) above do not apply while the patient is undergoing an invasive procedure or located in a recovery room; and<br /> <br /> (4) The visitation rights in (1) above must not be terminated, suspended, or waived by the hospital, the department of health, the department of mental health and substance abuse services, or the governor upon the declaration of a disaster or emergency.<br /> <br /> PERSONS AUTHORIZED TO MAKE HEALTHCARE DECISIONS FOR A PATIENT<br /> <br /> Generally, under present law, unless otherwise specified in an advance directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information. This bill requires such requests to be met within 24 hours upon a written request being given.<br /> <br /> This bill also adds the following to the present law:<br /> <br /> (1) Except as provided in (2) below, unless otherwise specified in an advance directive, a person then authorized to make healthcare decisions for a patient is granted 24-hour access to physical in-person visits with the patient to evaluate the patient's condition;<br /> <br /> (2) A health care facility may require that an individual with a durable power of attorney for health care who is entering the facility's premises for purposes of visitation to submit to non-invasive health and safety protocols. Additionally, the visitation rights in (1) above do not apply while the patient is undergoing an invasive procedure or located in a recovery room; and<br /> <br /> (3) The visitation rights specified in (1) must not be terminated, suspended, or waived by the hospital, the department of health, the department of mental health and substance abuse services, or the governor upon the declaration of a disaster or emergency. <br />