Alabama House Bill HB151

Alabama 2023 Regular Session

• Introduced: 3/21/23
• Refer: 3/21/23

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 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.

Impact

The bill will repeal existing regulations regarding hospital visitation during public health emergencies, thus eliminating any potential restrictions that may have been placed on visitation rights in such situations. Facilities will also need to ensure their visitation policies do not impose stricter conditions on visitors compared to their own staff. This creates a more equitable approach to visitation rights and aligns the treatment of visitors with that of employed health care personnel, effectively enhancing the patient experience in health care settings.

Summary

House Bill 151 aims to significantly revise visitation policies in health care facilities across Alabama, promoting the rights of residents, clients, and patients to receive visitors of their choosing. Under the new law, health care facilities are mandated to establish visitation policies that guarantee individuals the right to designate an essential caregiver who must be allowed at least two hours of daily visitation. This bill was particularly motivated by the experiences during the COVID-19 pandemic, when many families faced restrictions that prevented them from visiting their loved ones in care facilities.

Contention

While the intent of HB151 is to improve patient and family access to healthcare facilities, it may also raise concerns among some health care providers regarding their ability to enforce safety protocol compliance in the new visitation framework. Critics of the bill could argue that the requirement to allow physical contact and the prohibition on requiring proof of vaccination for visitors may compromise the safety of vulnerable populations, particularly in light of heightened health risks from infectious diseases. Therefore, the balance between patient rights and health safety protocols will likely remain a point of discussion among stakeholders.