Purpose of the Bill

The bill aims to establish the right for patients and residents in health care facilities to have a support person present while receiving health care services. This law is intended to ensure that individuals have emotional, spiritual, or physical support during their care.

Main Provisions

• Right to a Support Person: Patients in hospitals and residents in non-acute care facilities, such as nursing homes, have the right to have at least one support person present during health care services.
• Facility Requirements: Facilities must have written policies outlining the right to a support person, including any restrictions. They must inform patients, residents, and their support persons about these rights and restrictions.
• Visitation and Access Flexibility: Facilities must allow flexible visiting hours, especially for minors, support persons in end-of-life situations, and allow clergy or additional support where necessary.
• Infection Control Measures: During a governor-declared emergency, facilities may enforce safety practices like hand washing and mask-wearing but must still accommodate support persons.
• Limitation of Rights: Patients or residents cannot be forced to give up their rights to a support person or be required to agree to certain conditions like a do-not-resuscitate order in exchange for having support.

Significant Changes to Existing Law

• Civil Penalty: Facilities that violate this right are subject to a civil penalty of $500 per day.
• Support Person Liability Protections: Facilities are not liable for the actions of support persons or for not adhering to guidelines that limit access without federal requirements.
• Exceptions: Specific areas like operating rooms or isolation units are exempt from the requirement to allow support persons, and access can be denied under certain circumstances, such as when a support person poses a threat or has an infection.

Relevant Terms

• Support person
• Health care services
• Non-acute care facility
• End-of-life care
• Civil penalty
• Infection control measures