Florida Senate - 2022                       CS for CS for SB 988
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senators Garcia, Berman, Rodriguez, and Perry
       
       
       
       
       576-03543-22                                           2022988c2
    1                        A bill to be entitled                      
    2         An act relating to in-person visitation; providing a
    3         short title; creating s. 408.823, F.S.; defining the
    4         term “long-term care provider”; requiring long-term
    5         care providers to develop and establish visitation
    6         policies and procedures within a specified timeframe;
    7         providing requirements for the visitation policies and
    8         procedures; authorizing long-term care providers to
    9         require visitors to sign and certify that they will
   10         follow the providers’ policies and procedures;
   11         requiring long-term care providers to submit their
   12         policies and procedures to the Agency for Health Care
   13         Administration at specified times; requiring long-term
   14         care providers to make their policies and procedures
   15         available to the agency upon request at all times;
   16         authorizing long-term care providers to suspend in
   17         person visitation of specific visitors under certain
   18         circumstances, with exceptions; requiring long-term
   19         care providers to make their visitation policies and
   20         procedures easily accessible from the homepage of
   21         their websites within a specified timeframe; requiring
   22         the agency to dedicate a stand-alone page on its
   23         website for specified purposes; providing
   24         construction; creating s. 408.8235, F.S.; requiring
   25         hospitals and hospice facilities to develop and
   26         establish visitation policies and procedures within a
   27         specified timeframe; providing requirements for the
   28         visitation policies and procedures; requiring
   29         hospitals and hospice facilities to submit their
   30         policies and procedures to the agency at specified
   31         times; requiring hospitals and hospice facilities to
   32         make their policies and procedures available to the
   33         agency upon request at all times; requiring hospitals
   34         and hospice facilities to make their visitation
   35         policies and procedures easily accessible from the
   36         homepage of their websites within a specified
   37         timeframe; providing construction; providing a
   38         directive to the Division of Law Revision; providing
   39         an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. This act may be cited as the “No Patient Left
   44  Alone Act.”
   45         Section 2. Section 408.823, Florida Statutes, is created to
   46  read:
   47         408.823 Long-term care visitation rights.—
   48         (1)As used in this section, the term “long-term care
   49  provider” means an intermediate care facility for the
   50  developmentally disabled which is licensed and certified under
   51  part VIII of chapter 400, a developmental disabilities center as
   52  defined in s. 393.063, a nursing home facility licensed under
   53  part II of chapter 400, or an assisted living facility licensed
   54  under part I of chapter 429.
   55         (2)(a)No later than 30 days after the effective date of
   56  this act, each long-term care provider shall develop and
   57  establish visitation policies and procedures. The policies and
   58  procedures must, at a minimum, include infection control and
   59  education policies for visitors; screening, personal protective
   60  equipment, and other infection control recommendations for
   61  visitors; recommendations on the length of visits or number of
   62  visitors allowed which must meet or exceed the standards
   63  specified in ss. 400.022(1)(b) and 429.28(1)(d); and designation
   64  of a person who is responsible for ongoing assurance that staff
   65  adhere to the policies and procedures. The policies and
   66  procedures may not be more stringent than safety protocols
   67  established for the provider’s staff and may not require
   68  visitors to submit proof of any vaccination or immunization. The
   69  policies and procedures must allow visitors to physically touch
   70  the resident or client, unless the resident or client objects.
   71         (b)The policies and procedures may require visitors to
   72  sign and certify that the visitors agree to follow the long-term
   73  care provider’s policies and procedures.
   74         (c)Long-term care providers shall submit their visitation
   75  policies and procedures to the agency when applying for initial
   76  licensure, licensure renewal, or change of ownership. The
   77  provider must make the visitation policies and procedures
   78  available for review upon agency request at any time.
   79         (d)A long-term care provider may suspend in-person visits
   80  of a specific visitor if the visitor violates the provider’s
   81  policies and procedures. However, a long-term care provider’s
   82  policies and procedures must allow for in-person visitation in
   83  all of the following circumstances, regardless of a suspension
   84  of visitation rights based on violations of the provider’s
   85  infection control policies and procedures, unless the resident
   86  or client objects:
   87         1.End-of-life situations.
   88         2.A resident or client who was living with his or her
   89  family before being admitted to the provider’s care is
   90  struggling with the change in environment and lack of in-person
   91  family support.
   92         3.Making major medical decisions regarding the resident or
   93  client.
   94         4.A resident or client is grieving the loss of a friend or
   95  family member who recently died.
   96         5.A resident or client needs cueing or encouragement to
   97  eat or drink which was previously provided by a family member or
   98  caregiver.
   99         6.A resident or client who used to talk and interact with
  100  others is experiencing emotional distress, seldom speaking, or
  101  crying more frequently than he or she did previously.
  102         (e)Within 24 hours after establishing the policies and
  103  procedures under this section, long-term care providers must
  104  make this information easily accessible from the homepage of
  105  their websites.
  106         (3)The agency shall dedicate a stand-alone page on its
  107  website to explain visitation rights authorized under this
  108  section and s. 408.8235 and to provide a portal and phone number
  109  for individuals to report violations.
  110         (4)This section prevails over any conflicting or
  111  inconsistent provisions of state law.
  112         Section 3. Section 408.8235, Florida Statutes, is created
  113  to read:
  114         408.8235Hospital and hospice visitation rights.—
  115         (1)(a)No later than 30 days after the effective date of
  116  this act, each hospital licensed under chapter 395 and hospice
  117  facility licensed under part IV of chapter 400 shall develop and
  118  establish visitation policies and procedures. The policies and
  119  procedures must, at a minimum, include infection control and
  120  education policies for visitors; screening, personal protective
  121  equipment, and other infection control recommendations for
  122  visitors; recommendations on the length of visits or number of
  123  visitors; and designation of the person in the hospital or
  124  hospice facility who is responsible for ongoing assurance that
  125  staff adhere to the policies and procedures. The visitation
  126  policies and procedures may not require visitors to submit proof
  127  of any vaccination or immunization and must allow visitors to
  128  physically touch the patient, unless the patient objects.
  129         (b)The visitation policies and procedures required by this
  130  section must allow for in-person visitation in all of the
  131  following circumstances, unless the patient objects:
  132         1.End-of-life situations.
  133         2.For hospitals, childbirth, including labor and delivery.
  134  The policies and procedures must allow visitation for at least
  135  one companion during this circumstance.
  136         3.Making major medical decisions regarding the patient.
  137         4.Pediatric patients.
  138         (c)Hospitals and hospice facilities shall submit their
  139  visitation policies and procedures to the agency when applying
  140  for initial licensure, licensure renewal, or change of
  141  ownership. The hospital or hospice facility must make the
  142  visitation policies and procedures available for review upon
  143  agency request at any time.
  144         (d)Within 24 hours after establishing the policies and
  145  procedures under this section, hospitals and hospice facilities
  146  must make this information easily accessible from the homepage
  147  of their websites.
  148         (2)This section prevails over any conflicting or
  149  inconsistent provisions of state law.
  150         Section 4. The Division of Law Revision is directed to
  151  replace the phrase “30 days after the effective date of this
  152  act” wherever it occurs in this act with the date 30 days after
  153  this act becomes a law.
  154         Section 5. This act shall take effect upon becoming a law.