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: 114 408.8235 Hospital 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.