West Virginia 2022 Regular Session Status: Enacted 6 R cosponsors

HB 4257 — Require visitation immediately following a procedure in a health care facility

Last action — Chapter 229, Acts, Regular Session, 2022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2022. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

12 added · 105 removed

Plain-language change summary

In the latest revision of Bill HB 4257, the title was changed to clarify its focus on improving patient visitation rights in healthcare facilities. It now explicitly mentions allowing visitation when a patient is stable after surgery and includes provisions for clergy visitation. These updates are significant because they aim to enhance emotional support for patients during their recovery, fostering a better healing environment.

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HB4257 S H&HR AM #1 3-3 Dellinger  7965   The Committee on Health and Human Resources moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
HB4257 SFAT Maroney #1 3-9 Dellinger  7965   Senator Maroney moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
ARTICLE 39.
Eng.
PATIENT SAFETY ACT.
Com.
§16-39-3.
Sub for House Bill 4257—A Bill to amend and reenact §16-39-3 and §16-39-8 of the Code of West Virginia, 1931, as amended, all relating to requiring visitation of a patient in a health care facility;
Definitions.
defining terms;
For purposes of this article, the following words and phrases have the following meanings:
permitting visitation when the patient is stable following a surgical procedure;
“Appropriate authority” means a federal, state, county, or municipal government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste or any member, officer, agent, representative, or supervisory employee thereof;
permitting visitation of a patient by a member of clergy;
“Clergy” means an ordained clergy, such as a rabbi, priest, Islamic cleric, associate pastor, licensed minister, or lay minister serving under the direction of the congregation such as the Roman Catholic Eucharistic ministers;
and establishing parameters for clergy visitation.
“Commissioner” means the commissioner of the division of health;
      Adopted Rejected     
“Direct patient care” means health care that provides for the physical, diagnostic, emotional, or rehabilitational needs of a patient or health care that involves examination, treatment, or preparation for diagnostic tests or procedures.
“Discrimination or retaliation” includes any threat, intimidation, discharge, or any adverse change in a health care worker’s position, location, compensation, benefits, privileges, or terms or conditions of employment that occurs as a result of a health care worker engaging in any action protected by this article.
“Good faith report” means a report of conduct defined in this article as wrongdoing or waste that is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.
“Health care entity” includes a health care facility, such as a hospital, clinic, nursing facility, or other provider of health care services.
“Health care facility” means:
(1) A hospital licensed pursuant to §16-5B-1 et seq.
of this code;
(2) A nursing home licensed pursuant to §16-5C-1 et seq.
of this code;
(3) An assisted living residence licensed pursuant to §16-5D-1 et seq.
of this code;
and (4) Hospice licensed pursuant to §16-5I-1 et seq.
of this code.
“Health care worker” means a person who provides direct patient care to patients of a health care entity and who is an employee of the health care entity, a subcontractor, or independent contractor for the health care entity, or an employee of the subcontractor or independent contractor.
The term includes, but is not limited to, a nurse, nurse’s aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, or any other person who provides direct patient care.
“Patient” means a person living or receiving services as an inpatient at a healthcare facility.
“Public Health State of Emergency” means a federal or state declaration of a state of emergency arising from or relating to a public health crisis.
“Visitor” means any visitor from the patient’s family, or hospice or clergy visiting a patient in a healthcare facility.
“Waste” means the conduct, act, or omission by a health care entity that results in substantial abuse, misuse, destruction, or loss of funds, resources, or property belonging to a patient, a health care entity, or any federal or state program.
“Wrongdoing” means a violation of any law, rule, regulation, or generally recognized professional or clinical standard that relates to care, services, or conditions and which potentially endangers one or more patients or workers or the public.
§16-39-8.
Visitation of a patient in a health care facility.
(a)  During a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation of a patient.  If the patient’s death is imminent, the health care facility shall allow visitation upon request at any time and frequency.  In all other instances, the health care facility shall allow visitation once the patient is stable following a surgical procedure and, not less than once every five days:
Provided, That visitation permitted by any health care entity may not be inconsistent with any applicable federal law, rule, policy, or guidance in effect for the same emergency.
(b) A visitor shall comply with the applicable procedures established by the health care facility.
(c) The health care facility may deny a visitor entry to the health care facility, may subject a visitor to expulsion from the facility, or may permanently revoke visitation rights to a visitor who does not comply with the applicable procedures established by the health care facility.
(d) A healthcare facility is not liable to a person visiting another person, nor to any other patient or resident of the health care facility, for any civil damages for injury or death resulting from or related to actual or alleged exposure during, or through the performance of, the visitation in compliance with this section, unless the health care facility failed to substantially comply with the applicable health and safety procedures established by the health care facility.
(e) Health care facilities shall provide patients adequate and lawful access to clergy so that patients can practice their religion by receiving clergy visitation at any reasonable time, as long as the visit does not disrupt clinical care:
Provided, That  if the health care facility limits the number of people able to visit the patient, the member of the clergy is not to be considered within that number.
(f) Clergy shall comply with the applicable visitation procedures established by the health care facility.
  Adopted Rejected
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How this bill changes current law

2 changes Share ↗

Compared against the W. Va. Code as published AI-generated reading aid — verify against the official bill.

The bill amends the definitions in West Virginia Code § 16-39-3 and adds provisions regarding patient visitation during public health emergencies in § 16-39-8.

  • §16-39-3

    “Visitor” means any visitor from the patient’s family, or hospice or clergy visiting a patient in a healthcare facility.

    This adds a definition for 'Visitor' related to healthcare facilities.

  • §16-39-8

    (a) During a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation of a patient. If the patient’s death is imminent, the health care facility shall allow visitation upon request at any time and frequency. In all other instances, the health care facility shall allow visitation once the patient is stable following a surgical procedure and, not less than once every five days: Provided, That visitation permitted by any health care entity may not be inconsistent with any applicable federal law, rule, policy, or guidance in effect for the same emergency. (b) A visitor shall comply with the applicable procedures established by the health care facility. (c) The health care facility may deny a visitor entry to the health care facility, may subject a visitor to expulsion from the facility, or may permanently revoke visitation rights to a visitor who does not comply with the applicable procedures established by the health care facility. d) A healthcare facility is not liable to a person visiting another person, nor to any other patient or resident of the health care facility, for any civil damages for injury or death resulting from or related to actual or alleged exposure during, or through the performance of, the visitation in compliance with this section, unless the health care facility failed to substantially comply with the applicable health and safety procedures established by the health care facility. e) Health care facilities shall provide patients adequate and lawful access to clergy so that patients can practice their religion by receiving clergy visitation at any reasonable time, as long as the visit does not disrupt clinical care: Provided, That if the health care facility limits the number of people able to visit the patient, the member of the clergy is not to be considered within that number. (f) Clergy shall comply with the applicable visitation procedures established by the health care facility.

    This establishes new visitation rights and procedures for patients during a public health emergency.

Action History

  1. Chapter 229, Acts, Regular Session, 2022

  2. Approved by Governor 3/28/22

  3. To Governor 3/25/22

  4. Approved by Governor 3/28/22 - House Journal

  5. Approved by Governor 3/28/22 - Senate Journal

  6. To Governor 3/25/22 - House Journal

  7. To Governor 3/25/2022 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Effective from passage (Roll No. 466)

  12. House concurred in Senate amendment and passed bill (Roll No. 465)

  13. House received Senate message

  14. Senate requests House to concur

  15. Effective from passage (Roll No. 400)

  16. Floor title amendment adopted

  17. Committee title amendment withdrawn by unanimous consent

  18. Passed Senate (Roll No. 400)

  19. Read 3rd time

  20. Deferred until foot of 3rd reading

  21. On 3rd reading

  22. Committee amendment adopted (Voice vote)

  23. Read 2nd time

  24. On 2nd reading

  25. Read 1st time

  26. On 1st reading

  27. Reported do pass, with amendment and title amendment

  28. To Health and Human Resources

  29. To Health and Human Resources

  30. Introduced in Senate

  31. Communicated to Senate

  32. Effective from passage (Roll No. 61)

  33. Passed House (Roll No. 60)

  34. Read 3rd time

  35. On 3rd reading, Special Calendar

  36. Read 2nd time

  37. On 2nd reading, Special Calendar

  38. Read 1st time

  39. On 1st reading, Special Calendar

  40. By substitute, do pass

  41. To House Health and Human Resources

  42. Introduced in House

  43. To Health and Human Resources

  44. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 123 not signed on

Sponsors (1)

Co-sponsors (10)

Not signed on (123)

123 members have not signed on to this bill.

Show all 123 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 9001
Unaffiliated 23000
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
STOLLINGS — Yea
BALDWIN — Yea
MARONEY — Yea
STOVER — Yea
BEACH — Yea
MARTIN — Yea
SWOPE — Yea
BOLEY — Yea
MAYNARD — Yea
SYPOLT — Yea
BROWN — Yea
NELSON — Yea
CAPUTO — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
GEFFERT — Yea
ROMANO — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Bill Hamilton Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Mike Azinger Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Not Voting
Ryan Weld Republican Yea
Tom Takubo Republican Yea

Official roll call →

Subjects

healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 4257?
HB 4257 is sponsored by Phil Mallow (Republican), Forsht, Rowan, Evan Worrell (Republican), D. Rolland Jennings (Republican), Bates, Guy Ward (Republican), Tully, Matthew Rohrbach (Republican), Summers, and Dean Jeffries (Republican).
What is the current status of HB 4257?
This bill has been enacted into law. Introduced January 19, 2022. Enacted.
Where can I track HB 4257?
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Last checked for changes 3 months ago · updated continuously

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