Purpose of the Bill

The bill aims to establish the right for patients and residents in healthcare facilities to have a support person present during their care. It seeks to ensure that patients and residents do not have to go through medical procedures or stay in care facilities alone if they choose to have a support person with them.

Main Provisions

• Support Person Definition: A support person may be someone who provides physical, emotional, mental, religious, or spiritual support to a patient or resident. This could include family members, friends, clergy, or any other person deemed necessary by the patient or resident.
• Facility Requirements: Healthcare facilities, including hospitals and nursing homes, must allow at least one support person to be present with patients or residents during their care, unless specific exceptions apply.
• Policy and Procedure Mandates: Facilities must have written policies on allowing support persons, inform patients and residents of their rights, and provide ways to file complaints if these rights are violated.

Significant Changes to Existing Law

• New Penalties: Facilities that knowingly violate these provisions will face a civil penalty of $500 for each day of violation.
• Limitations on Waiving Rights: Patients or residents cannot be forced to waive their right to have a support person or agree to additional conditions, like signing a healthcare directive, to utilize this right.
• Emergency Provisions: Even during a state-declared emergency, the right to have a support person is protected, with facilities implementing necessary safety measures like mask-wearing.
• Exemptions: Certain situations may restrict a support person’s presence, such as during emergency procedures or in restricted areas like operating rooms. Support persons can also be restricted if they pose a threat or violate facility policies.

Exceptions and Liability

• Liability Protection for Facilities: Facilities can provide access to support persons without facing liability for not following federal guidelines during certain situations unless required by law.
• Specific Exemptions: Support persons might be restricted entry under specific conditions like legal restraints, infection symptoms, or dangerous behavior.

Relevant Terms

• Right to support person
• Civil penalty
• Healthcare facilities
• Nursing homes
• Patient rights
• Visitation policies
• Emergency health directives