CHAPTER 304
HB 1439 - FINAL VERSION
16Mar2022... 1029h
04/21/2022 1564s
26May2022... 2016CofC
26May2022... 2121EBA
2022 SESSION
22-2492
05/11
HOUSE BILL 1439
AN ACT relative to health care facility visitation policies.
SPONSORS: Rep. Rice, Hills. 37; Rep. Layon, Rock. 6; Rep. Aron, Sull. 7; Rep. Notter, Hills. 21; Rep. Roy, Rock. 32; Rep. Harvey-Bolia, Belk. 4; Rep. Shaw, Hills. 16; Rep. Abbas, Rock. 8; Rep. Greene, Hills. 37; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill allows, with limited exception, a patient to designate a parent, spouse, family member, or other caregiver to be present while the patient receives care.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2022... 1029h
04/21/2022 1564s
26May2022... 2016CofC
26May2022... 2121EBA 22-2492
05/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to health care facility visitation policies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
304:1 Title. Section 2 of this act shall be known and may be cited as the "Patient Support Act".
304:2 New Paragraph; Residential Care and Health Facility Licensing; Patients' Bill of Rights; Visitation Policies. Amend RSA 151:21 by inserting after paragraph XXII the following new paragraph:
XXIII.(a) In addition to the rights specified in paragraph XVIII, the patient shall be entitled to designate a spouse, family member, or caregiver who may visit the facility while the patient is receiving care. A patient who is a minor may have a parent, guardian, or person standing in loco parentis visit the facility while the minor patient is receiving care.
(b)(1) Notwithstanding subparagraph (a), a health care facility may establish visitation policies that limit or restrict visitation when:
(A) The presence of visitors would be medically or therapeutically contraindicated in the best clinical judgment of health care professionals;
(B) The presence of visitors would interfere with the care of or rights of any patient;
(C) Visitors are engaging in disruptive, threatening, or violent behavior toward any staff member, patient, or another visitor; or
(D) Visitors are noncompliant with written hospital policy.
(2) Upon request, the patient or patient’s representative, if the patient is incapacitated, shall be provided the reason for denial or revocation of visitation rights under this paragraph.
(c) A health care facility may require visitors to wear personal protective equipment provided by the facility, or provided by the visitor and approved by the facility. A health care facility may require visitors to comply with reasonable safety protocols and rules of conduct. The health care facility may revoke visitation rights for failure to comply with this subparagraph.
(d) Nothing in this paragraph shall be construed to require a health care facility to allow a visitor to enter an operating room, isolation room, isolation unit, behavioral health setting or other typically restricted area or to remain present during the administration of emergency care in critical situations. Nothing in this paragraph shall be construed to require a health care facility to allow a visitor access beyond the rooms, units, or wards in which the patient is receiving care or beyond general common areas in the health care facility.
(e) The rights specified in this paragraph shall not be terminated, suspended, or waived by the health care facility, the department of health and human services, or any governmental entity, notwithstanding declarations of emergency declared by the governor or the legislature. No health care facility licensed pursuant to RSA 151:2 shall require a patient to waive the rights specified in this paragraph.
(f) Each health care facility licensed pursuant to RSA 151:2 shall post on its website:
(1) Informational materials explaining the rights specified in this paragraph;
(2) The patients’ bill of rights which applies to the facility on its website; and
(3) Hospital visitation policy detailing the rights and responsibilities specified in this paragraph, and the limitations placed upon those rights by written hospital policy on its website.
(g) Unless expressly required by federal law or regulation, the department or any other state agency shall not take any action arising out of this paragraph against a health care facility for:
(1) Giving a visitor individual access to a property or location controlled by the health care facility;
(2) Failing to protect or otherwise ensure the safety or comfort of a visitor given access to a property or location controlled by the health care facility;
(3) The acts or omissions of any visitor who is given access to a property or location
controlled by the health care facility.
304:3 Effective Date. This act shall take effect upon its passage.
Approved: July 01, 2022
Effective Date: July 01, 2022
| Date | Body | Type |
|---|---|---|
| Jan. 24, 2022 | House | Hearing |
| March 7, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 6, 2022 | Senate | Hearing |
| April 21, 2022 | Senate | Floor Vote |
| May 26, 2022 | Senate | Floor Vote |
| May 26, 2022 | Senate | Floor Vote |
| May 26, 2022 | House | Floor Vote |
July 7, 2022: Signed by Governor Sununu 07/01/2022; Chapter 304; 07/01/2022 HJ 14
June 22, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 22, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 22, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 22, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 16, 2022: Enrolled Bill Amendment # 2022-2121e: AA VV (in recess of) 05/26/2022 HJ 14
June 16, 2022: Enrolled Bill Amendment # 2022-2121e Adopted, VV, (In recess of 05/26/2022); SJ 13
May 26, 2022: Conference Committee Report 2022-2016c: Adopted, VV 05/26/2022 HJ 14
May 26, 2022: Conference Committee Report # 2022-2016c, Adopted, VV; 05/26/2022; SJ 13
May 19, 2022: Conference Committee Report Filed, # 2022-2016c; 05/26/2022
May 13, 2022: Conferee Change: Rep. Acton Replaces Rep. Cushman 05/13/2022
May 16, 2022: Conference Committee Meeting: 05/16/2022 10:15 am LOB 205-207
May 12, 2022: President Appoints: Senators Bradley, Gannon, Sherman; 05/12/2022; SJ 12
May 12, 2022: Sen. Bradley Accedes to House Request for Committee of Conference, MA, VV; 05/12/2022; SJ 12
May 10, 2022: House Non-Concurs with Senate Amendment 2022-1564s and Requests CofC (Reps. M. Pearson, Layon, Cushman, Kelsey): MA VV 05/05/2022 HJ 12
April 21, 2022: Ought to Pass with Amendment 2022-1564s, MA, VV; OT3rdg; 04/21/2022; SJ 9
April 21, 2022: Committee Amendment # 2022-1564s, AA, VV; 04/21/2022; SJ 9
April 14, 2022: Committee Report: Ought to Pass with Amendment # 2022-1564s, 04/21/2022; Vote 5-0; CC; SC 16
March 29, 2022: Hearing: 04/06/2022, Room 100, SH, 10:40 am; SC 14
March 22, 2022: Introduced 03/17/2022 and Referred to Health and Human Services; SJ 6
March 16, 2022: Ought to Pass with Amendment 2022-1029h: MA VV 03/15/2022 HJ 7
March 16, 2022: Ought to Pass with Amendment 2022-0946h: MF RC 158-177 03/16/2022 HJ 7
March 16, 2022: Amendment # 2022-1029h: AA VV 03/16/2022 HJ 7
March 9, 2022: Minority Committee Report: Ought to Pass with Amendment # 2022-0946h
March 9, 2022: Majority Committee Report: Ought to Pass with Amendment # 2022-1029h (Vote 11-10; RC)
March 1, 2022: Executive Session: 03/08/2022 09:30 am LOB 210-211
Feb. 15, 2022: Subcommittee Work Session: 02/22/2022 08:30 am LOB 210-211
Feb. 7, 2022: Subcommittee Work Session: 02/15/2022 08:30 am LOB 210-211
Jan. 12, 2022: Public Hearing: 01/24/2022 10:00 am LOB 210-211
Dec. 1, 2021: Introduced 01/05/2022 and referred to Health, Human Services and Elderly Affairs