Amends TCA Title 33; Title 63; Title 68 and Title 71.

Under present law, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a long-term care facility must allow a resident to have visitors during end-of-life situations and must not restrict the patient from having at least one resident representative in the facility so long as the resident representative meets the following criteria: <br /> <br /> (1) The representative is not exhibiting symptoms of COVID-19 or another communicable disease;<br /> <br /> (2) The representative agrees to follow all safety protocols established by the facility, which must be in writing and be no more restrictive than protocols applicable to staff of the facility; and <br /> <br /> (3) The representative would not by their presence in the facility cause the facility to violate a federal or state law, rule, or guidance regulating the facility. <br /> <br /> Present law also requires a hospital to implement written policies and procedures regarding a patient's right to receive visitation during a period when COVID-19 is a healthcare concern, including policies and procedures setting forth clinically necessary or reasonable restrictions or limitations that the hospital may need to place on a patient's right to visitation; and the reasons for the restrictions. <br /> <br /> This bill prohibits a healthcare facility or long-term care facility from prohibiting in-person visitation of a patient or resident by a family member or community pastoral care member, except that the facility may do the following: <br /> <br /> (1) Place limitations on the frequency and duration of visitation in areas of the facility that necessitate a higher level of safety protocols or sterile environment; <br /> <br /> (2) Require the family member or community pastoral care member to comply with all safety protocols established by the facility that are clearly specified in writing and are no more restrictive than protocols applicable to facility staff; and <br /> <br /> (3) Prohibit visitation to a mentally competent patient who has refused to accept visitors. <br /> <br /> This bill establishes that a person who intentionally knowingly violates this bill commits a Class B misdemeanor. A healthcare facility or long-term care facility that violates this bill is subject to a fine of $500 per occurrence.<br /> <br /> This bill clarifies that this bill does not limit the visitation rights already prescribed by law, as described above.<br />