Revision: March 9, 2022, 3:05 p.m.
Rep. Weber, Ches. 1
March 3, 2022
2022-0946h
04/08
Amendment to HB 1439
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraph; Residential Care and Health Facility Licensing; Patients' Bill of Rights. Amend RSA 151:21 by inserting after paragraph XXI the following new paragraph:
XXII.(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. A health care facility may establish visitation policies that limit or restrict visitation under this paragraph when:
(1) The presence of visitors would be medically or therapeutically contraindicated in the best clinical judgment of health care professionals;
(2) The presence of visitors would interfere with the care of or rights of any patient;
(3) Visitors are engaging in disruptive, threatening or violent behavior toward any staff member, patient or other visitor; or
(4) Visitors are noncompliant with hospital policy.
(b) 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.
(c) 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 the visitor is visiting is receiving care or beyond general common areas in the health care facility.
(d) 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.
(e) Each health care facility licensed pursuant to RSA 151:2 shall post on its website informational materials explaining the rights specified in this paragraph.
(f) 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.
2 Effective Date. This act shall take effect upon its passage.