Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 988
       
       
       
       
       
       
                                Ì799882]Î799882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2022           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “No Patient Left
    6  Alone Act.”
    7         Section 2. Section 408.823, Florida Statutes, is created to
    8  read:
    9         408.823 Long-term care visitation rights.—
   10         (1)As used in this section, the term “long-term care
   11  provider” means an intermediate care facility for the
   12  developmentally disabled which is licensed and certified under
   13  part VIII of chapter 400, a developmental disabilities center as
   14  defined in s. 393.063, a nursing home facility licensed under
   15  part II of chapter 400, or an assisted living facility licensed
   16  under part I of chapter 429.
   17         (2)(a)No later than 30 days after the effective date of
   18  this act, each long-term care provider shall develop and
   19  establish visitation policies and procedures. The policies and
   20  procedures must, at a minimum, include infection control and
   21  education policies for visitors; screening, personal protective
   22  equipment, and other infection control recommendations for
   23  visitors; recommendations on the length of visits or number of
   24  visitors allowed which must meet or exceed the standards
   25  specified in ss. 400.022(1)(b) and 429.28(1)(d); and designation
   26  of a person who is responsible for ongoing assurance that staff
   27  adhere to the policies and procedures. The policies and
   28  procedures may not be more stringent than safety protocols
   29  established for the provider’s staff and may not require
   30  visitors to submit proof of any vaccination or immunization. The
   31  policies and procedures must allow visitors to physically touch
   32  the resident or client, unless the resident or client objects.
   33         (b)The policies and procedures may require visitors to
   34  sign and certify that the visitors agree to follow the long-term
   35  care provider’s policies and procedures.
   36         (c)Long-term care providers shall submit their visitation
   37  policies and procedures to the agency when applying for initial
   38  licensure, licensure renewal, or change of ownership. The
   39  provider must make the visitation policies and procedures
   40  available for review upon agency request at any time.
   41         (d)A long-term care provider may suspend in-person visits
   42  of a specific visitor if the visitor violates the provider’s
   43  policies and procedures. However, a long-term care provider’s
   44  policies and procedures must allow for in-person visitation in
   45  all of the following circumstances, regardless of a suspension
   46  of visitation rights based on violations of the provider’s
   47  infection control policies and procedures, unless the resident
   48  or client objects:
   49         1.End-of-life situations.
   50         2.A resident or client who was living with his or her
   51  family before being admitted to the provider’s care is
   52  struggling with the change in environment and lack of in-person
   53  family support.
   54         3.Making major medical decisions regarding the resident or
   55  client.
   56         4.A resident or client is grieving the loss of a friend or
   57  family member who recently died.
   58         5.A resident or client needs cueing or encouragement to
   59  eat or drink which was previously provided by a family member or
   60  caregiver.
   61         6.A resident or client who used to talk and interact with
   62  others is experiencing emotional distress, seldom speaking, or
   63  crying more frequently than he or she did previously.
   64         (e)Within 24 hours after establishing the policies and
   65  procedures under this section, long-term care providers must
   66  make this information easily accessible from the homepage of
   67  their websites.
   68         (3)The agency shall dedicate a stand-alone page on its
   69  website to explain visitation rights authorized under this
   70  section and s. 408.8235 and to provide a portal and phone number
   71  for individuals to report violations.
   72         (4)This section prevails over any conflicting or
   73  inconsistent provisions of state law.
   74         Section 3. Section 408.8235, Florida Statutes, is created
   75  to read:
   76         408.8235Hospital and hospice visitation rights.—
   77         (1)(a)No later than 30 days after the effective date of
   78  this act, each hospital licensed under chapter 395 and hospice
   79  facility licensed under part IV of chapter 400 shall develop and
   80  establish visitation policies and procedures. The policies and
   81  procedures must, at a minimum, include infection control and
   82  education policies for visitors; screening, personal protective
   83  equipment, and other infection control recommendations for
   84  visitors; recommendations on the length of visits or number of
   85  visitors; and designation of the person in the hospital or
   86  hospice facility who is responsible for ongoing assurance that
   87  staff adhere to the policies and procedures. The visitation
   88  policies and procedures may not require visitors to submit proof
   89  of any vaccination or immunization and must allow visitors to
   90  physically touch the patient, unless the patient objects.
   91         (b)The visitation policies and procedures required by this
   92  section must allow for in-person visitation in all of the
   93  following circumstances, unless the patient objects:
   94         1.End-of-life situations.
   95         2.For hospitals, childbirth, including labor and delivery.
   96  The policies and procedures must allow visitation for at least
   97  one companion during this circumstance.
   98         3.Making major medical decisions regarding the patient.
   99         4.Pediatric patients.
  100         (c)Hospitals and hospice facilities shall submit their
  101  visitation policies and procedures to the agency when applying
  102  for initial licensure, licensure renewal, or change of
  103  ownership. The hospital or hospice facility must make the
  104  visitation policies and procedures available for review upon
  105  agency request at any time.
  106         (d)Within 24 hours after establishing the policies and
  107  procedures under this section, hospitals and hospice facilities
  108  must make this information easily accessible from the homepage
  109  of their websites.
  110         (2)This section prevails over any conflicting or
  111  inconsistent provisions of state law.
  112         Section 4. The Division of Law Revision is directed to
  113  replace the phrase “30 days after the effective date of this
  114  act” wherever it occurs in this act with the date 30 days after
  115  this act becomes a law.
  116         Section 5. This act shall take effect upon becoming a law.
  117  
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete everything before the enacting clause
  121  and insert:
  122                        A bill to be entitled                      
  123         An act relating to in-person visitation; providing a
  124         short title; creating s. 408.823, F.S.; defining the
  125         term “long-term care provider”; requiring long-term
  126         care providers to develop and establish visitation
  127         policies and procedures within a specified timeframe;
  128         providing requirements for the visitation policies and
  129         procedures; authorizing long-term care providers to
  130         require visitors to sign and certify that they will
  131         follow the providers’ policies and procedures;
  132         requiring long-term care providers to submit their
  133         policies and procedures to the Agency for Health Care
  134         Administration at specified times; requiring long-term
  135         care providers to make their policies and procedures
  136         available to the agency upon request at all times;
  137         authorizing long-term care providers to suspend in
  138         person visitation of specific visitors under certain
  139         circumstances, with exceptions; requiring long-term
  140         care providers to make their visitation policies and
  141         procedures easily accessible from the homepage of
  142         their websites within a specified timeframe; requiring
  143         the agency to dedicate a stand-alone page on its
  144         website for specified purposes; providing
  145         construction; creating s. 408.8235, F.S.; requiring
  146         hospitals and hospice facilities to develop and
  147         establish visitation policies and procedures within a
  148         specified timeframe; providing requirements for the
  149         visitation policies and procedures; requiring
  150         hospitals and hospice facilities to submit their
  151         policies and procedures to the agency at specified
  152         times; requiring hospitals and hospice facilities to
  153         make their policies and procedures available to the
  154         agency upon request at all times; requiring hospitals
  155         and hospice facilities to make their visitation
  156         policies and procedures easily accessible from the
  157         homepage of their websites within a specified
  158         timeframe; providing construction; providing a
  159         directive to the Division of Law Revision; providing
  160         an effective date.