Florida Senate - 2022 SB 988 By Senator Garcia 37-00839-22 2022988__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to patient visitation rights; 2 providing a

short title; creating s. 408.823, F.S.; 3 requiring providers to allow clients to receive 4 visitors during their admission; requiring providers 5 to develop certain alternative visitation protocols if 6 providers have to restrict public access to their 7 facilities for health or safety concerns; requiring 8 providers to allow in-person visits in specified 9 circumstances; authorizing providers to require 10 visitors to adhere to specified infection control 11 protocols; authorizing providers to refuse visitation 12 to a visitor who does not pass a health screening or 13 refuses to comply with the provider’s infection 14 control protocols; requiring providers to submit their 15 visitation policies to the Agency for Health Care 16 Administration by a specified date for approval; 17 requiring providers to submit updated policies within 18 a specified timeframe under certain circumstances; 19 requiring providers to notify clients and, if 20 possible, their family members or caregivers of their 21 visitation rights and provide them with specified 22 information; requiring the agency to dedicate a 23 webpage on its website containing specified 24 information; requiring the agency to investigate a 25 report of a violation within a specified timeframe; 26 providing administrative penalties; requiring the 27 agency to adopt rules; providing an effective date. 28 29

Florida Senate - 2022 SB 988 37-00839-22 2022988__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions.

WHEREAS, the COVID-19 pandemic has caused great uncertainty 30 and anxiety across this state and has significantly affected 31 patients and residents in health care facilities, and 32 WHEREAS, health care facilities have made great efforts to 33 keep patients and employees in a safe environment and have 34 attempted to minimize, to the extent possible, the risk of 35 spread of COVID-19, and 36 WHEREAS, these prevention measures have had many unintended 37 consequences for patients and residents of these facilities who 38 were not diagnosed with COVID-19, and 39 WHEREAS, patients and residents of health care facilities 40 who were not diagnosed with COVID-19 were prohibited from having 41 any visitors, including a spouse, parent, close family member, 42 guardian, health care agent, or caregiver, as a result of COVID-43 19 prevention measures, and 44 WHEREAS, many families have been unable to be physically 45 present with their loved ones while they were in a hospital, 46 long-term care facility, or residential treatment setting for 47 mental illnesses, developmental or intellectual disabilities, or 48 substance use disorders, and have been limited to electronic 49 video communications, if any, and 50 WHEREAS, the patients and residents affected by these 51 restrictions include adults, minors, and individuals with 52 intellectual or developmental disabilities, and 53 WHEREAS, the Legislature finds that it is in the best 54 interest of the state and its residents that the patients and 55 residents of health care facilities be allowed visitation by 56 visitors of their choosing during their hospitalization or 57 residential treatment, NOW, THEREFORE, 58

Florida Senate - 2022 SB 988 37-00839-22 2022988__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. 59 Be It Enacted by the Legislature of the State of Florida: 60 61

Section 1. This act may be cited as the “No Patient Left 62 Alone Act.” 63

Section

Section 408.823, Florida Statutes, is created to 64 read: 65 408.823 Client visitation rights.— 66

(1) A provider shall allow clients to receive visitors 67 during their admission in accordance with agency rules. 68

(2) If circumstances require a provider to restrict public 69 access to the facility due to health or safety concerns, the 70 provider must develop alternate visitation protocols that allow 71 visitation to the greatest extent possible while maintaining 72 client health and safety. 73

(3) A provider must allow in-person visits in all of the 74 following circumstances: 75 (

a) End-of-life situations. 76 (

b) A client who was living with his or her family before 77 recently being admitted to the provider’s facility is struggling 78 with the change in environment and lack of physical family 79 support. 80 (

c) A client is grieving the loss of a friend or family 81 member who recently died. 82 (

d) A client needs cueing or encouragement to eat or drink 83 which was previously provided by a family member or caregiver, 84 and the client is experiencing weight loss or dehydration. 85 (

e) A client who used to talk and interact with others is 86 experiencing emotional distress, is seldom speaking, or is 87

Florida Senate - 2022 SB 988 37-00839-22 2022988__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. crying more frequently than he or she did previously. 88 (

f) Any other circumstance the agency deems appropriate. 89

(4) To ensure the health and safety of clients, a provider 90 may require visitors to adhere to infection control protocols, 91 including passing a health screening and wearing personal 92 protective equipment while on the premises of the provider’s 93 facility. A provider may refuse visitation if the visitor does 94 not pass a health screening or refuses to comply with the 95 provider’s infection control protocols. 96

(5) Providers shall submit their visitation policies to the 97 agency by January 1 each year for approval. If the agency finds 98 any provision of a provider’s visitation policy deficient or not 99 in compliance with this

section or the agency’s rules, the 100 provider must submit an updated policy conforming such provision 101 within 30 days after the agency’s notice. 102

(6) Providers must notify clients and, if possible, their 103 family members or caregivers of their visitation rights under 104 this

section and provide them with the contact information for 105 the agency and the link to the dedicated webpage on the agency’s 106 website specified in subsection (7). 107

(7) The agency must dedicate a webpage on its website to 108 explain visitation rights authorized under this

section and 109 provide a method for individuals to report violations of this 110

section to the agency. The agency shall investigate a report of 111 a violation within 30 days after receiving the report. 112

(8) A violation of this

section or the rules adopted 113 pursuant hereto constitutes a class III violation as specified 114 in s. 408.813. If a provider does not correct a violation in the 115 time specified by the agency or repeats a violation, the agency 116

Florida Senate - 2022 SB 988 37-00839-22 2022988__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. must impose an administrative fine of at least $500 per 117 violation. Each occurrence and each day that the violation 118 continues constitutes a separate violation. 119

(9) The agency shall adopt rules to implement this section. 120

Section 3. This act shall take effect July 1, 2022. 121