Alabama 2023 1st Special Session

Alabama House Bill HB3

Introduced
3/9/23  

Caption

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to prohibit any suspension or modification by emergency rule or order; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

Impact

The proposed changes are intended to create a more patient-centric environment in health care facilities, framing visitation as a fundamental right. In essence, HB3 repeals previous laws that restricted visitation during public health emergencies and ensures that no visitation policies can be more stringent than existing policies for health care staff. By clarifying visitor rights and requiring facilities to outline and submit their policies to the Department of Public Health, the bill aims to establish a consistent framework for visitation across the state.

Summary

House Bill 3 (HB3) focuses on revising visitation policies for health care facilities in Alabama. The bill proposes that patients, clients, or residents of these facilities have the right to visit with any individual of their choosing during designated visiting hours. Furthermore, it introduces the concept of 'essential caregivers' who can be designated by the patient, ensuring they receive at least two hours of visitation each day, irrespective of other visitation rights. This initiative aims to improve the quality of life for patients by allowing more personal interactions with their chosen individuals during their care.

Contention

During discussions surrounding the bill, there were differing opinions among stakeholders. Proponents argue that the bill would significantly enhance emotional well-being and social support for patients in care facilities. In contrast, opponents expressed concerns that such mandates might impose regulatory burdens on health care facilities, particularly during public health crises, where infection control measures may necessitate stricter visitation controls. The prohibition against requiring vaccination proof for visitors could also raise alarms about health risks during ongoing or future health emergencies.

Companion Bills

No companion bills found.

Previously Filed As

AL HB151

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors who are not essential caregivers; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to provide certain immunity from liability in certain circumstances; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

AL SB113

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors who are not essential caregivers; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to provide certain immunity from liability in certain circumstances; to exempt certain psychiatric care facilities from the provisions of this bill; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

AL HB63

Relating to child-care facilities; to add Section 38-7-3.1 to the Code of Alabama 1975; to exempt certain child-care facilities that provide instructional cultural arts programs from licensure requirements; to require exempt child-care facilities to comply with fire and health codes and certain other policies; to require exempt child-care facilities to provide notice that the facility is not licensed and to require parents to submit an affidavit confirming the notice; to require the Department of Human Resources to inspect certain exempt child-care facilities; and to allow the district attorney to investigate certain allegations against an exempt child-care facility.

AL HB134

Relating to assisted living facilities; to amend Section 22-21-25, Code of Alabama 1975, to create the Alabama Assisted Living Board of Mitigation to resolve conflicts between certain assisted living facilities and the Alabama Department of Public Health; and to provide for the membership and duties of the board.

AL SB265

Relating to assisted living facilities; to amend Section 22-21-25, Code of Alabama 1975, to create the Alabama Assisted Living Board of Mitigation to resolve conflicts between certain assisted living facilities and the Alabama Department of Public Health; and to provide for the membership and duties of the board.

AL HB417

Relating to the State Board of Health and emergency medical services; to amend Section 22-18-1, Code of Alabama 1975, to further provide for the requirements for a licensure as a community paramedic; and to prohibit the State Board of Health from requiring a college degree for licensure as a community paramedic.

AL SB50

Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

AL HB101

Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

AL HB354

Relating to education; to amend Section 2 of Act 2022-290, now appearing as Section 16-40A-5, Code of Alabama 1975; to prohibit classroom instruction related to gender identity or sexual orientation in public K-12 schools at certain grade levels and in any grade level in a manner that is not age or developmentally appropriate; to require parents to be notified if there is a change in services or monitoring relating to his or her child's mental, emotional, or physical health; to require parents to be notified of health care services available to students and to allow a parent to opt his or her child out; to require parental consent for certain health care screenings or questionnaires for K-12 students; to provide parents with procedures to express their concern with a local board of education's compliance with certain policies; and to provide a remedy in certain situations.

AL SB43

Health care providers; prohibit enforcement of contractual terms that restrict sharing cost information to patients and consumers

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