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