Colorado 2022 Regular Session

Colorado House Bill HB1199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0796.01 Kristen Forrestal x4217
8	8	HOUSE BILL 22-1199
9	9	House Committees Senate Committees
10	10	Health & Insurance
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING VISITATION REQUIREMENTS FOR HEALTH -CARE101
14	14	FACILITIES.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill requires each health-care facility to permit patients and
23	23	residents in the health-care facility to receive visitors to the fullest extent
24	24	permitted under the least restrictive of any applicable state laws or local
25	25	ordinances.
26	26	The bill authorizes the department of public health and
27	27	environment (department) to issue a warning to a health-care facility if
28	28	HOUSE SPONSORSHIP
29	29	Geitner,
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. the department finds that the health-care facility has violated an
35	35	applicable state law or local ordinance. The department may fine the
36	36	health-care facility for a violation of the state law or local ordinance.
37	37	If circumstances require the complete closure of a health-care
38	38	facility to visitors, the health-care facility is required to use its best efforts
39	39	to develop alternate visitation protocols that would allow visitation to the
40	40	greatest extent and as safely as possible.
41	41	A health-care facility is required to provide notice of its patient
42	42	and resident visitation rights and to allow compassionate care visits.
43	43	Notwithstanding other provisions of law to the contrary, each
44	44	health-care facility is required to allow compassionate care visits if
45	45	specific circumstances apply. A health-care facility may require
46	46	compassionate care visitors to pass a health screening and wear personal
47	47	protective equipment.
48	48	Be it enacted by the General Assembly of the State of Colorado:1
49	49	SECTION 1. Legislative declaration. (1) The general assembly2
50	50	hereby finds and declares that:3
51	51	(a) The COVID-19 pandemic has caused great uncertainty and4
52	52	anxiety across our state and has significantly affected patients and5
53	53	residents in health-care facilities;6
54	54	(b) Health-care facilities have made efforts to keep patients,7
55	55	residents, and employees safe;8
56	56	(c) As a result of COVID-19 prevention measures, patients and9
57	57	residents of health-care facilities have faced many unintended10
58	58	consequences;11
59	59	(d) Numerous patients and residents of health-care facilities across12
60	60	this state have been prohibited, as a result of visitation policies, from13
61	61	having any visitors, including a spouse, parent, close family member,14
62	62	guardian, health-care agent, clergy member, or caregiver;15
63	63	(e) Many families have been unable to be physically present with16
64	64	their loved ones while in a hospital, nursing care facility, assisted living17
65	65	HB22-1199-2- residence, hospice care facility, or residential treatment setting for1
66	66	individuals with a mental health disorder, developmental or intellectual2
67	67	disability, or substance use disorder, and families have been limited to3
68	68	electronic video communications, if any, with their loved ones;4
69	69	(f) The patients and residents who have been affected by lack of5
70	70	visitation rights at health-care facilities encompass all ethnicities, genders,6
71	71	and races in our society and include adults, minors, and individuals with7
72	72	intellectual or developmental disabilities; and8
73	73	(g) Patients who experience social isolation and loneliness are at9
74	74	a much greater risk of early mortality.10
75	75	(2) The general assembly finds that it is in the interest of the state11
76	76	that patients and residents of health-care facilities, in compliance with12
77	77	state laws and local ordinances, should not be denied visitors of their13
78	78	choosing throughout their period of hospitalization, residency, or14
79	79	residential treatment.15
80	80	SECTION 2. In Colorado Revised Statutes, recreate and16
81	81	reenact, with amendments, 25-3-125 as follows:17
82	82	25-3-125. Visitation rights - health-care facilities - penalties -18
83	83	rules - definitions. (1) A
84	84	S USED IN THIS SECTION:19
85	85	(a) "C
86	86	OMPASSIONATE CARE VISIT" MEANS A VISIT TO A PATIENT OR20
87	87	RESIDENT OF A HEALTH-CARE FACILITY BY AN INDIVIDUAL WHO MAY21
88	88	REQUIRE AN EXCEPTION TO A RULE, REGULATION, OR GUIDANCE OF THE22
89	89	STATE OR A LOCAL GOVERNMENT . "COMPASSIONATE-CARE VISIT"23
90	90	INCLUDES A VISIT TO A PATIENT OR RESIDENT WHO :24
91	91	(I) I
92	92	S IN AN END-OF-LIFE SITUATION;25
93	93	(II) W
94	94	AS LIVING WITH A FAMILY MEMBER BEFORE RECENTLY BEING26
95	95	ADMITTED TO THE HEALTH-CARE FACILITY AND IS STRUGGLING WITH THE27
96	96	HB22-1199
97	97	-3- CHANGE IN ENVIRONMENT AND LACK OF PHYSICAL FAMILY SUPPORT ;1
98	98	(III) I
99	99	S GRIEVING AFTER A FRIEND OR FAMILY MEMBER RECENTLY2
100	100	PASSED AWAY;3
101	101	(IV) N
102	102	EEDS CUING AND ENCOURAGEMENT WITH EATING OR4
103	103	DRINKING THAT WAS PREVIOUSLY PROVIDED BY A FAMILY MEMBER OR A5
104	104	CAREGIVER AND IS EXPERIENCING WEIGHT LOSS OR DEHYDRATION ; OR6
105	105	(V) U
106	106	SED TO TALK AND INTERACT WITH OTHERS , BUT IS7
107	107	EXPERIENCING EMOTIONAL DISTRESS , SELDOM SPEAKING, OR CRYING8
108	108	MORE FREQUENTLY WHEN THE PATIENT OR RESIDENT HAD RARELY CRIED9
109	109	IN THE PAST.10
110	110	(b) "H
111	111	EALTH-CARE FACILITY" MEANS A FACILITY LICENSED OR11
112	112	CERTIFIED PURSUANT TO SECTION 25-1.5-103.12
113	113	(2) (a) E
114	114	ACH HEALTH-CARE FACILITY SHALL PERMIT PATIENTS AND13
115	115	RESIDENTS IN THE HEALTH-CARE FACILITY TO RECEIVE VISITORS TO THE14
116	116	FULLEST EXTENT PERMITTED UNDER THE LEAST RESTRICTIVE OF ANY15
117	117	APPLICABLE STATE LAWS OR LOCAL ORDINANCES WITH WHICH THE16
118	118	HEALTH-CARE FACILITY IS REQUIRED TO COMPLY . EACH HEALTH-CARE17
119	119	FACILITY SHALL GIVE PRIORITY TO VISITATIONS FROM MEMBERS OF THE18
120	120	PATIENT'S OR RESIDENT'S IMMEDIATE FAMILY, MEMBERS OF THE CLERGY,19
121	121	AND INDIVIDUALS WHO MAY PROVIDE RELIGIOUS COMFORT TO THE20
122	122	PATIENT OR RESIDENT.21
123	123	(b) I
124	124	F THE DEPARTMENT FINDS A HEALTH -CARE FACILITY HAS22
125	125	VIOLATED ANY STATE LAW OR LOCAL ORDINANCE RELATING TO A23
126	126	PATIENT'S VISITATION RIGHTS, THE DEPARTMENT MAY ISSUE A WARNING24
127	127	TO THE HEALTH-CARE FACILITY ABOUT THE VIOLATION AND GIVE THE25
128	128	HEALTH-CARE FACILITY NOT MORE THAN TWENTY -FOUR HOURS TO ALLOW26
129	129	VISITATION. IF VISITATION IS NOT ALLOWED AFTER THE27
130	130	HB22-1199
131	131	-4- TWENTY-FOUR-HOUR WARNING PERIOD, THE DEPARTMENT MAY IMPOSE A1
132	132	CIVIL PENALTY IN AN AMOUNT NOT LESS THAN FIVE HUNDRED DOLLARS2
133	133	FOR EACH INSTANCE ON EACH DAY THE HEALTH -CARE FACILITY WAS3
134	134	FOUND TO HAVE VIOLATED THIS SECTION .4
135	135	(c) N
136	136	OTWITHSTANDING SUBSECTION (2)(b) OF THIS SECTION, IF5
137	137	CIRCUMSTANCES REQUIRE THE COMPLETE CLOSURE OF A HEALTH -CARE6
138	138	FACILITY TO VISITORS, THE HEALTH-CARE FACILITY SHALL USE ITS BEST7
139	139	EFFORTS TO DEVELOP ALTERNATE VISITATION PROTOCOLS THAT WOULD8
140	140	ALLOW VISITATION TO THE GREATEST EXTENT . IF THOSE ALTERNATE9
141	141	PROTOCOLS ARE FOUND BY THE DEPARTMENT TO VIOLATE A STATE LAW OR10
142	142	LOCAL ORDINANCE RELATING TO A PATIENT 'S OR RESIDENT'S VISITATION11
143	143	RIGHTS, THE DEPARTMENT MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT12
144	144	NOT LESS THAN FIVE HUNDRED DOLLARS FOR EACH INSTANCE ON EACH13
145	145	DAY THE HEALTH-CARE FACILITY WAS FOUND TO HAVE VIOLATED THIS14
146	146	SECTION.15
147	147	(d) A
148	148	HEALTH-CARE FACILITY SHALL PROVIDE NOTICE OF PATIENT16
149	149	AND RESIDENT VISITATION RIGHTS IN THIS SECTION TO PATIENTS AND17
150	150	RESIDENTS AND, WHEN POSSIBLE, FAMILY MEMBERS OF PATIENTS AND18
151	151	RESIDENTS. THE REQUIRED NOTICE MUST INCLUDE THE CONTACT19
152	152	INFORMATION OF THE AGENCY OR INDIVIDUALS TASKED WITH20
153	153	INVESTIGATING A HEALTH-CARE FACILITY VISITATION.21
154	154	(e) N
155	155	OTWITHSTANDING SUBSECTION (2)(c) OF THIS SECTION OR22
156	156	ANY OTHER STATE LAW OR LOCAL ORDINANCE TO THE CONTRARY , A23
157	157	HEALTH-CARE FACILITY SHALL ALLOW COMPASSIONATE CARE VISITS . A24
158	158	HEALTH-CARE FACILITY MAY REQUIRE COMPASSIONATE CARE VISITORS TO25
159	159	SUBMIT TO HEALTH SCREENINGS NECESSARY TO PREVENT THE SPREAD OF26
160	160	INFECTIOUS DISEASES, AND, NOTWITHSTANDING ANY OTHER PROVISION OF27
161	161	HB22-1199
162	162	-5- THIS SECTION, A HEALTH-CARE FACILITY MAY RESTRICT AN INDIVIDUAL1
163	163	WHO DOES NOT PASS A HEALTH SCREENING REQUIREMENT FOR AN2
164	164	INFECTIOUS DISEASE FROM MAKING A COMPASSIONATE CARE VISIT UNTIL3
165	165	THE INDIVIDUAL PASSES THE HEALTH SCREENING REQUIREMENT . A4
166	166	HEALTH-CARE FACILITY MAY REQUIRE COMPASSIONATE CARE VISITORS TO5
167	167	WEAR PERSONAL PROTECTIVE EQUIPMENT .6
168	168	SECTION 3. Safety clause. The general assembly hereby finds,7
169	169	determines, and declares that this act is necessary for the immediate8
170	170	preservation of the public peace, health, or safety.9
171	171	HB22-1199
172	172	-6-