SB 730 — The No Patient Left Alone/Collaboratory Funds.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 730 Health Care Committee Substitute Adopted 6/11/20 Short Title:

Senators Daniel, Perry, and Krawiec (Primary Sponsors).

Rules and Operations of the Senate May 14, 2020 A BILL TO BE ENTITLED AN ACT PROVIDING PATIENTFOR VISITATIONCERTAIN UNRESTRICTED HOSPITAL PATIENT RIGHTS THAT WILL NOT BE IMPACTED DURING DECLARED DISASTERS AND EMERGENCIESEMERGENCIES; AND APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, TO DEVELOP AND DISSEMINATE TO HOSPITALS FREE INFORMATIONAL MATERIALS EXPLAINING THESE RIGHTS.

Whereas,AND theAPPROPRIATING COVID-19FUNDS pandemicTO hasTHE causedDEPARTMENT greatOF uncertaintyHEALTH andAND anxietyHUMAN acrossSERVICES, ourDIVISION StateOF andHEALTH hasSERVICE significantlyREGULATION, affectedTO theDEVELOP medicalAND community,DISSEMINATE includingTO hospitals;HOSPITALS FREE INFORMATIONAL MATERIALS EXPLAINING THESE RIGHTS.

andThe Whereas,General hospitalsAssembly have made many efforts to keep patients and employees in a safe environment, and have endeavored to minimize, to the extent possible, the risk of spreadNorth ofCarolina theenacts: coronavirus disease;

and Whereas, as a result of COVID-19 prevention measures, many unintended consequences have occurred to hospital patients who were not diagnosed with COVID-19;

and Whereas, the General Assembly has become aware of numerous patients across our State who were not diagnosed with COVID-19, but as a result of hospital visitation policies have been prohibited from having any visitors, including a spouse, parent, close family member, guardian, health care agent, or caregiver;

and Whereas, as a result, many patients not diagnosed with COVID-19 have been forced to be alone during their treatment for serious conditions, traumas, illnesses, heart attacks, and routine and emergency surgeries;

and Whereas, some of these patients have been forced to be alone for the entire course of their treatment and in some cases have died alone;

and Whereas, many families have been unable to be physically present with their loved ones while in the hospital setting and have been limited to electronic video communications, if any, with the patient;

and Whereas, the patients who have been affected in the above-described manner have included adults, minors, and individuals with intellectual or developmental disabilities;

and Whereas, the General Assembly finds that it is in the interest of the State and its residents that hospital patients be allowed at least one immediate family member, designated health care agent, guardian, or person standing in loco parentis physically present at reasonable times throughout the hospitalization;

Now, therefore, The General Assembly of North Carolina enacts:

*S730-v-2* General Assembly Of North Carolina Session 2019 "§ 131E-79.3.

PatientVisitation visitation rights duringof ahospital disasterpatients. declaration or public health emergency.

(a) DuringEach aminor periodwho inis whichadmitted to a disaster,hospital emergency,licensed orunder publicthis healthArticle emergency has beenthe declared,right to designate a hospitalparent, licensedguardian, underor thisperson Articlestanding in loco parentis who shall ensurehave the opportunityunrestricted forprivilege atof leastbeing onepresent visitorwhile tothe visitminor a patient admittedis toreceiving ahospital facility.care.

This(b) visitationEach shalladult bewho subjectis admitted to a hospital licensed under this Article has the guidelines,right conditions,to anddesignate limitationsa spouse or health care agent who shall have the unrestricted privilege of being present while the normaladult visitationpatient policy.is receiving hospital care.

(b)(c) InNotwithstanding the eventprovisions aof minorG.S. is admitted to a hospital licensed under this Article, at least one parent, guardian, or person standing in loco parentis shall be allowed the opportunity to visit and to be present while the minor patient is receiving hospital care.

If131E-112, aChapter custody166A orderof the General Statutes, or writtenanyother childprovision custodyof agreementlaw isto the contrary, the rights specified in place,this section may not be terminated, suspended, or waived by the custodyorderhospital, the Department of Health and Human Services, or writtenthe childGovernor custodyagreementupon shallthe control.declaration of a disaster or emergency under Article 1A of Chapter 166A of the General Statutes.

This(d) visitationNo shallhospital belicensed subjectunder tothis theArticle guidelines,may conditions,require anda limitationspatient ofto waive the normalrights visitationspecified policy.in this section.

When(e) theEach visitorhospital cannotlicensed beunder this Article shall post in thea roomconspicuous withplace on the patientlicensed duepremises toinformational amaterials medicaldeveloped procedureby orthe otherDepartment reason,of theHealth visitorand shallHuman haveServices accessexplaining tothe arights waitingspecified area.in this section." SECTION 3.

(c) One immediate family member or designated health care agent shall have the opportunity to visit an adult patient admitted to a facility licensed under this Article.

This visitation shall be subject to the guidelines, conditions, and limitations of the normal visitation policy.

When the visitor cannot be in the room with the patient due to a medical procedure or other reason, the visitor shall have access to a waiting area.

If the patient has the capacityto make decisions, the patient may designate the one visitor.

For purposes of this subsection, the term "immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, or the spouse of an immediate family member, and the term includes stepparents, stepchildren, stepsiblings, and adoptive relationships.

(d) Notwithstanding the provisions of G.S.

131E-112, Chapter 166A of the General Statutes,oranyotherprovision oflawtothecontrary,thevisitation rights specifiedin this section may not be terminated, suspended, or waived by the hospital, the Department of Health and Human Services, or the Governor upon the declaration of a disaster or emergency under Article 1A of Chapter 166A of the General Statutes.

(e) No hospital licensed under this Article may require a patient to waive the visitation rights specified in this section.

(f) A hospital licensed under this Article may require a visitor to submit to health screenings necessary to prevent the spread of infectious diseases, and notwithstanding anything to the contrary in this section, a hospital may restrict a visitor who does not pass the screening requirement or who has tested positive for an infectious disease.

A hospital may require a visitor to adhere to infection control procedures, including wearing personal protective equipment.

(g) Each hospital licensed under this Article shall post in a conspicuous place on the licensed premises informational materials developed by the Department of Health and Human Services explaining the rights specified in this section." SECTION 3.

131E-79.3, as enacted by Section 21 of this act.

There is appropriated to the Department of Health and Human Services, Division of Health Service Regulation, the sum of five thousand dollars ($5,000) for the 2019-2020 fiscal year, to develop and disseminate to hospitals licensed under Article 5 of *S730-v-1* General Assembly Of North Carolina Session 2019 Chapter 131E of the General Statutes free informational materials about the patient rights specified in G.S.

131E-79.3, as enacted by Section 21 of this act.

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