HB 1861 Modifies provisions relating to the rights of patients, including the "No Patient Left Alone Act" and organ donations

     Handler: Wieland

Current Bill Summary

- Prepared by Senate Research -


HB 1861 - This act establishes the "No Patient Left Alone Act" and creates a framework to permit patients of hospitals, nursing homes, hospice, or offices of health care professionals to designate at least 3 essential support persons, in addition to a spouse or legal guardian. The patient shall be allowed, at all times, the presence of at least one essential support person and the spouse or legal guardian in the emergency department and during the stay of the patient in the facility. Health care facilities shall not require the patient to execute an advance directive, agree to a do-not-resuscitate order, or be vaccinated against any disease in order to receive treatment or visitation. The facility may limit the number of visitors per patient at one time, the movement of visitors within the facility, and access of any person to a patient, as specified in the act.

Under this act, a child shall have the right to have a parent, legal guardian, or person standing in loco parentis physically present with the child when the child receives care in the facility. Adult patients shall have the right to have a spouse or legal guardian and an essential support person physically present with the adult patient when the adult patient receives care in the facility.

A nursing home shall allow compassionate care visitation if protocol is followed, as described in the act. A nursing home shall permit the resident to make decisions regarding end-of-life care to be accompanied by a family member, guardian, or essential support person designated by the resident. Health care workers who are not employees of the nursing home but who provide direct care to the resident shall be permitted into the nursing home if proper infection control protocols are followed.

Nothing in this act shall be construed to prohibit health care facilities from adopting reasonable safety or security restrictions or requirements for visitors.

Within 30 days of August 28, 2022, the Department of Health and Senior Services and the Department of Social Services shall develop informational materials regarding the "No Patient Left Alone Act". A health care facility shall make the informational materials available on its website and upon admission or registration.

The provisions of this act shall not apply to any inpatient facility operated by the Department of Mental Health, a minor in the custody of the Children's Division or who is a suspected victim of child abuse or neglect, an individual in the custody of the Department of Corrections, or an individual attending a preventative health care office visit containing a confidential visit component for youth, as mutually agreed to by the patient and physician.

Finally, this act prohibits hospitals, physicians, procurement organizations, or other person from considering COVID-19 vaccination status of a potential organ transplant recipient or potential organ donor in any part of the organ transplant process.

Provisions of this act are substantially similar to HCS/HBs 2116, 2097, 1690, & 2221 (2022) and similar to provisions in SCS/SB 671 (2022).

SARAH HASKINS


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