AB257: Bill Text

AB257,,55 4. The patient with a disability needs assistance with activities of daily living and the health care providers are unable to assist or are less effective than the support person at providing the assistance.

AB257,,56 5. The patient with a disability has behavioral health needs that the support person can address more effectively than the health care providers.

AB257,,57 (b) A health care facility may not require, as a condition of having a support person present under this subsection, a patient with a disability to execute a declaration to physicians under s. 154.03, consent to a do-not-resuscitate order under subch. III of ch. 154, or execute a physician order for life-sustaining treatment.

AB257,,58 (4) Hospital or primary care facility visitation. (a) Notwithstanding s. 146.95 (2) (b), a child has the right to have daily personal contact at reasonable times with a parent, an individual standing in the place of a parent, or a legal guardian while the child receives care in a hospital or primary care facility, subject to par. (d). A hospital or primary care facility shall allow a parent, an individual standing in the place of a parent, or a legal guardian visiting a child under this paragraph to leave and reenter the hospital or primary care facility while the child is receiving care.

AB257,,59 (b) Notwithstanding s. 146.95 (2) (b), an adult has the right to have daily personal contact at reasonable times with a spouse, support person, or legal guardian while the adult receives care in a hospital or primary care facility, subject to par. (d). A hospital or primary care facility shall allow a spouse, support person, or legal guardian visiting an adult under this paragraph to leave and reenter the hospital or primary care facility while the adult is receiving care.

AB257,,60 (c) A hospital or primary care facility may not require a patient to waive the rights specified in par. (a) or (b).

AB257,,61 (d) A hospital or primary care facility may restrict access of any individual to a patient if any of the following apply:

AB257,,62 1. The patient has requested the individual’s access to the patient be restricted.

AB257,,63 2. A law enforcement agency has requested the individual’s access to the patient be restricted.

AB257,,64 3. A court order requires the individual’s access to the patient be restricted.

AB257,,65 4. Restricted access is necessary to prevent disruption to the care of the patient.

AB257,,66 5. The individual has signs and symptoms of a communicable infection, except that hospital or primary care facility shall permit an individual under this subdivision to have access to a patient through means that ensure the protection of the patient, including allowing access to the patient through telecommunication means or allowing personal contact if the individual follows infection prevention and control practices.

AB257,,67 6. The individual is determined to be a danger to the patient or to be contrary to the welfare of the patient.

AB257,,68 7. Restricted access is permissible under sub. (7).

AB257,,69 (5) Hospice visitation. A patient who is receiving hospice care or the guardian, spouse, or support person of a patient who is receiving hospice care may designate additional family members and friends who may have personal contact with the patient at reasonable times.

AB257,,70 (6) Clergy member or lay person offering religious or spiritual support visitation. A health care facility must permit a clergy member or lay person offering religious or spiritual support to have personal contact with a patient to pray with or offer spiritual support for the patient while the patient receives care from the health care facility.

AB257,,71 (7) Visitation limits or restrictions. A health care facility may establish visitation policies that limit or restrict visitation when any of the following is true:

AB257,,72 (a) The presence of visitors would be medically or therapeutically contraindicated.

AB257,,73 (b) The presence of visitors would interfere with the care of or rights of any patient or resident.

AB257,,74 (c) Visitors are engaging in disruptive, threatening, or violent behavior toward a staff member, patient, or other visitor.

AB257,,75 (d) Visitors are noncompliant with a policy of the health care facility.

AB257,,76 (8) Informational materials. (a) Within 30 days after the effective date of this paragraph .... [LRB inserts date], the department shall develop informational materials on patient visitation under this section.

AB257,,77 (b) The department shall submit a report regarding patient visitation under this section to the appropriate standing committees of the legislature under s. 13.172 (3).

AB257,,78 (c) A health care facility shall make the informational materials under par. (a) accessible to patients and residents upon admission or registration and shall post the informational materials on its website.

AB257,,79 (d) Every 60 days or upon the release of applicable federal guidelines, the department, with input from the long-term care industry and the hospital industry, shall reevaluate and update the informational materials under par. (a) as needed to allow for the maximum possible visitation in a health care facility under applicable federal guidelines.

AB257,,80 (e) The informational materials under par. (a) shall take into consideration and include the highest amount of privacy and dignity for interaction between patients and visitors.

AB257,,81 (9) Complaints and investigation. (a) An individual may file with the appropriate state agency or licensing board, including the department, a complaint against a health care provider or a health care facility for failing to comply with this section. That state agency or licensing board shall investigate the complaint and may penalize a health care provider or health care facility for failure to comply with this section.

AB257,,82 (10) Limited liability of health care facilities. A state agency may not take any action against a health care facility for any of the following:

AB257,,83 (a) Giving a visitor or other individual access to a health care facility.

AB257,,84 (b) Failing to protect or otherwise ensure the safety or comfort of a visitor or other individual given access to a health care facility.

AB257,,85 (c) Failing to follow the federal centers for disease control and prevention or the federal centers for medicare and medicaid services guidelines or other national guidelines that require or recommend restricting visitor access to a health care facility.

AB257,,86 (d) The acts or omissions of any visitor or other individual who is given access to a health care facility.

AB257,,87 (11) Construction. (a) This section does not apply to any of the following:

AB257,,88 1. A minor who is in the custody of a county department, as defined under s. 48.02 (2g), a licensed child welfare agency, or the department of children and families.

AB257,,89 2. A minor who is a suspected victim in a pending abuse investigation under s. 48.981 (3).

AB257,,90 3. An individual who is in the custody of the department of corrections.

AB257,,91 4. An individual who is attending a preventive health care office visit during which evidence-based guidelines for preventive care recommend a confidential visit component for youth, as mutually agreed to by the patient and his or her physician.

AB257,,92 (b) The rights specified in this section may not be terminated, suspended, or waived by any of the following:

AB257,,93 1. A health care facility.

AB257,,94 2. The department.

AB257,,95 3. A state or local board of health.

AB257,,96 4. The governor upon declaring of a state of emergency under s. 323.10 or ordering the department to take action.

AB257,,97 (end)