Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for CS for SB 988 Ì8269249Î826924 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved 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 In-person visitation.— 10 (1) This section applies to developmental disabilities 11 centers as defined in s. 393.063, hospitals licensed under 12 chapter 395, nursing home facilities licensed under part II of 13 chapter 400, hospice facilities licensed under part IV of 14 chapter 400, intermediate care facilities for the 15 developmentally disabled licensed and certified under part VIII 16 of chapter 400, and assisted living facilities licensed under 17 part I of chapter 429. 18 (2)(a) No later than 30 days after the effective date of 19 this act, each provider shall establish visitation policies and 20 procedures. The policies and procedures must, at a minimum, 21 include infection control and education policies for visitors; 22 screening, personal protective equipment, and other infection 23 control protocols for visitors; permissible length of visits and 24 numbers of visitors, which must meet or exceed the standards in 25 ss. 400.022(1)(b) and 429.28(1)(d), as applicable; and 26 designation of a person responsible for ensuring that staff 27 adhere to the policies and procedures. Safety-related policies 28 and procedures may not be more stringent than those established 29 for the provider’s staff and may not require visitors to submit 30 proof of any vaccination or immunization. The policies and 31 procedures must allow consensual physical contact between a 32 resident, client, or patient and the visitor. 33 (b) A resident, client, or patient may designate a visitor 34 who is a family member, friend, guardian, or other individual as 35 an essential caregiver. The provider must allow in-person 36 visitation by the essential caregiver for at least 2 hours daily 37 in addition to any other visitation authorized by the provider. 38 This section does not require an essential caregiver to provide 39 necessary care to a resident, client, or patient of a provider, 40 and providers may not require an essential caregiver to provide 41 such care. 42 (c) The visitation policies and procedures required by this 43 section must allow in-person visitation in all of the following 44 circumstances, unless the resident, client, or patient objects: 45 1. End-of-life situations. 46 2. A resident, client, or patient who was living with 47 family before being admitted to the provider’s care is 48 struggling with the change in environment and lack of in-person 49 family support. 50 3. The resident, client, or patient is making one or more 51 major medical decisions. 52 4. A resident, client, or patient is experiencing emotional 53 distress or grieving the loss of a friend or family member who 54 recently died. 55 5. A resident, client, or patient needs cueing or 56 encouragement to eat or drink which was previously provided by a 57 family member or caregiver. 58 6. A resident, client, or patient who used to talk and 59 interact with others is seldom speaking. 60 7. For hospitals, childbirth, including labor and delivery. 61 8. Pediatric patients. 62 (d) The policies and procedures may require a visitor to 63 agree in writing to follow the provider’s policies and 64 procedures. A provider may suspend in-person visitation of a 65 specific visitor if the visitor violates the provider’s policies 66 and procedures. 67 (e) The providers shall provide their visitation policies 68 and procedures to the agency when applying for initial 69 licensure, licensure renewal, or change of ownership. The 70 provider must make the visitation policies and procedures 71 available to the agency for review at any time, upon request. 72 (f) Within 24 hours after establishing the policies and 73 procedures required under this section, providers must make such 74 policies and procedures easily accessible from the homepage of 75 their websites. 76 (3) The agency shall dedicate a stand-alone page on its 77 website to explain the visitation requirements of this section 78 and provide a link to the agency’s webpage to report complaints. 79 Section 3. The Division of Law Revision is directed to 80 replace the phrase “30 days after the effective date of this 81 act” wherever it occurs in this act with the date 30 days after 82 this act becomes a law. 83 Section 4. This act shall take effect upon becoming a law. 84 85 ================= T I T L E A M E N D M E N T ================ 86 And the title is amended as follows: 87 Delete everything before the enacting clause 88 and insert: 89 A bill to be entitled 90 An act relating to in-person visitation; providing a 91 short title; creating s. 408.823, F.S.; providing 92 applicability; requiring certain providers to 93 establish visitation policies and procedures within a 94 specified timeframe; providing requirements for such 95 policies and procedures; authorizing the resident, 96 client, or patient to designate an essential 97 caregiver; establishing requirements related to 98 essential caregivers; requiring in-person visitation 99 in certain circumstances; providing that the policies 100 and procedures may require visitors to agree in 101 writing to follow such policies and procedures; 102 authorizing providers to suspend in-person visitation 103 of specific visitors under certain circumstances; 104 requiring providers to provide their policies and 105 procedures to the Agency for Health Care 106 Administration at specified times; requiring providers 107 to make their policies and procedures available to the 108 agency for review at any time, upon request; requiring 109 providers to make their policies and procedures easily 110 accessible from the homepage of their websites within 111 a specified timeframe; requiring the agency to 112 dedicate a stand-alone page on its website for 113 specified purposes; providing a directive to the 114 Division of Law Revision; providing an effective date.