Florida Senate - 2022 SB 988
By Senator Garcia
37-00839-22 2022988__
1 A bill to be entitled
2 An act relating to patient visitation rights;
3 providing a short title; creating s. 408.823, F.S.;
4 requiring providers to allow clients to receive
5 visitors during their admission; requiring providers
6 to develop certain alternative visitation protocols if
7 providers have to restrict public access to their
8 facilities for health or safety concerns; requiring
9 providers to allow in-person visits in specified
10 circumstances; authorizing providers to require
11 visitors to adhere to specified infection control
12 protocols; authorizing providers to refuse visitation
13 to a visitor who does not pass a health screening or
14 refuses to comply with the provider’s infection
15 control protocols; requiring providers to submit their
16 visitation policies to the Agency for Health Care
17 Administration by a specified date for approval;
18 requiring providers to submit updated policies within
19 a specified timeframe under certain circumstances;
20 requiring providers to notify clients and, if
21 possible, their family members or caregivers of their
22 visitation rights and provide them with specified
23 information; requiring the agency to dedicate a
24 webpage on its website containing specified
25 information; requiring the agency to investigate a
26 report of a violation within a specified timeframe;
27 providing administrative penalties; requiring the
28 agency to adopt rules; providing an effective date.
29
30 WHEREAS, the COVID-19 pandemic has caused great uncertainty
31 and anxiety across this state and has significantly affected
32 patients and residents in health care facilities, and
33 WHEREAS, health care facilities have made great efforts to
34 keep patients and employees in a safe environment and have
35 attempted to minimize, to the extent possible, the risk of
36 spread of COVID-19, and
37 WHEREAS, these prevention measures have had many unintended
38 consequences for patients and residents of these facilities who
39 were not diagnosed with COVID-19, and
40 WHEREAS, patients and residents of health care facilities
41 who were not diagnosed with COVID-19 were prohibited from having
42 any visitors, including a spouse, parent, close family member,
43 guardian, health care agent, or caregiver, as a result of COVID
44 19 prevention measures, and
45 WHEREAS, many families have been unable to be physically
46 present with their loved ones while they were in a hospital,
47 long-term care facility, or residential treatment setting for
48 mental illnesses, developmental or intellectual disabilities, or
49 substance use disorders, and have been limited to electronic
50 video communications, if any, and
51 WHEREAS, the patients and residents affected by these
52 restrictions include adults, minors, and individuals with
53 intellectual or developmental disabilities, and
54 WHEREAS, the Legislature finds that it is in the best
55 interest of the state and its residents that the patients and
56 residents of health care facilities be allowed visitation by
57 visitors of their choosing during their hospitalization or
58 residential treatment, NOW, THEREFORE,
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1. This act may be cited as the “No Patient Left
63 Alone Act.”
64 Section 2. Section 408.823, Florida Statutes, is created to
65 read:
66 408.823 Client visitation rights.—
67 (1) A provider shall allow clients to receive visitors
68 during their admission in accordance with agency rules.
69 (2) If circumstances require a provider to restrict public
70 access to the facility due to health or safety concerns, the
71 provider must develop alternate visitation protocols that allow
72 visitation to the greatest extent possible while maintaining
73 client health and safety.
74 (3) A provider must allow in-person visits in all of the
75 following circumstances:
76 (a) End-of-life situations.
77 (b) A client who was living with his or her family before
78 recently being admitted to the provider’s facility is struggling
79 with the change in environment and lack of physical family
80 support.
81 (c) A client is grieving the loss of a friend or family
82 member who recently died.
83 (d) A client needs cueing or encouragement to eat or drink
84 which was previously provided by a family member or caregiver,
85 and the client is experiencing weight loss or dehydration.
86 (e) A client who used to talk and interact with others is
87 experiencing emotional distress, is seldom speaking, or is
88 crying more frequently than he or she did previously.
89 (f) Any other circumstance the agency deems appropriate.
90 (4) To ensure the health and safety of clients, a provider
91 may require visitors to adhere to infection control protocols,
92 including passing a health screening and wearing personal
93 protective equipment while on the premises of the provider’s
94 facility. A provider may refuse visitation if the visitor does
95 not pass a health screening or refuses to comply with the
96 provider’s infection control protocols.
97 (5) Providers shall submit their visitation policies to the
98 agency by January 1 each year for approval. If the agency finds
99 any provision of a provider’s visitation policy deficient or not
100 in compliance with this section or the agency’s rules, the
101 provider must submit an updated policy conforming such provision
102 within 30 days after the agency’s notice.
103 (6) Providers must notify clients and, if possible, their
104 family members or caregivers of their visitation rights under
105 this section and provide them with the contact information for
106 the agency and the link to the dedicated webpage on the agency’s
107 website specified in subsection (7).
108 (7) The agency must dedicate a webpage on its website to
109 explain visitation rights authorized under this section and
110 provide a method for individuals to report violations of this
111 section to the agency. The agency shall investigate a report of
112 a violation within 30 days after receiving the report.
113 (8) A violation of this section or the rules adopted
114 pursuant hereto constitutes a class III violation as specified
115 in s. 408.813. If a provider does not correct a violation in the
116 time specified by the agency or repeats a violation, the agency
117 must impose an administrative fine of at least $500 per
118 violation. Each occurrence and each day that the violation
119 continues constitutes a separate violation.
120 (9) The agency shall adopt rules to implement this section.
121 Section 3. This act shall take effect July 1, 2022.