SF1136

Purpose

• This bill aims to give patients in hospitals and residents in long-term care settings a right to have a designated support person with them during health care services or while staying in the facility. It also extends a similar right to residents in assisted living facilities.

Main Provisions

• Designated support person right in hospitals and health care facilities:
  • Each patient (including pregnant patients) must be allowed at least one designated support person to be physically present during health care services, including hospital stays.
• Designated support person right in long-term care facilities:
  • Each resident must be allowed at least one designated support person to be physically present while the resident is at the facility.
• Who can be a designated support person:
  • Any person chosen by the patient or resident to provide comfort, such as a spouse, partner, family member, or another person related by affinity.
  • Certified doulas and traditional midwives may not be counted toward the one-designated-support-person limit.
• When a designated support person can be restricted:
  • Restrictions are allowed only if strictly necessary to meet the appropriate standard of care.
  • Restrictions are also allowed if the designated person is violent or threatening toward others.
  • Any restriction must be part of the facility’s written internal grievance procedure.
• Assisted living facilities:
  • Similar rules apply: at least one designated support person may be present with the resident; restrictions must meet the standard of care or address violence/threats; if restricted, residents can file a complaint or inquiry.

Changes to Existing Law

• Adds a new designated support person requirement to long-term care facilities (subdivision 10a) and to assisted living facilities (subdivision 6a) in Minnesota statute.
• Expands the concept of a designated support person to include a broad range of family and non-family supporters, while clarifying that certain professionals (doulas or traditional midwives) do not count toward the limit.
• Ties restrictions to a formal grievance/inquiry process, ensuring a pathway for residents or patients to challenge decisions.

Implementation and Oversight

• Facilities must follow the internal grievance procedures when a designated support person is restricted.
• Restrictions must be justified by the standard of care or safety concerns (violent or threatening behavior).

Potential Impacts

• Positive impact on patient and resident well-being by ensuring emotional and practical support during care and daily life in facilities.
• May require facilities to adjust policies, staff training, and grievance processes to comply with the new rights.

Considerations

• How facilities balance the designated support person right with infection control, privacy, and safety considerations.
• Clarity on how disputes are resolved when disagreements arise over presence in sensitive settings like treatment or procedure rooms.

Relevant Terms - designated support person - patient - resident - hospital - health care facility - long-term care facility - assisted living facility - standard of care - internal grievance procedure - complaint or inquiry - pregnant patient - spouse - partner - family member - affinity - certified doula - traditional midwife - treatment room - procedure room - operating room - violent or threatening - physically present - comfort