SENATE BILL 22-053
BY SENATOR(S) Sonnenberg, Cooke, Donovan, Gardner, Holbert,
Kirkmeyer, Lundeen, Moreno, Scott, Simpson, Smallwood, Woodward;
also REPRESENTATIVE(S) McLachlan and Geitner, Pico, Van Beber,
Van Winkle.
C
ONCERNING VISITATION RIGHTS AT HEALTH -CARE FACILITIES, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-1-120, amend
(1)(b) as follows:
25-1-120. Nursing facilities - rights of patients. (1) The
department shall require all skilled nursing facilities and intermediate care
facilities to adopt and make public a statement of the rights and
responsibilities of the patients who are receiving treatment in such facilities
and to treat their patients in accordance with the provisions of said
statement. The statement shall ensure each patient the following:
(b) The right to have private and unrestricted communications with
any person of his
THE PATIENT'S choice, EXCEPT AS SPECIFIED IN SECTION
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 25-3-125 (2) AND (3);
SECTION 2. In Colorado Revised Statutes, recreate and reenact,
with amendments, 25-3-125 as follows:
25-3-125. Visitation rights - hospital patients - residents in
nursing care facilities or assisted living residences - limitations during
a pandemic - definitions - short title. (1) T
HE SHORT TITLE OF THIS
SECTION IS THE
"ELIZABETH'S NO PATIENT OR RESIDENT LEFT ALONE ACT".
(2) (a) S
UBJECT TO THE RESTRICTIONS AND LIMITATIONS FOR SKILLED
NURSING FACILITY AND NURSING FACILITY RESIDENTS
' VISITATION RIGHTS
SPECIFIED IN
42 U.S.C. 1396r (c)(3)(C); 42 U.S.C. 1395i (c)(3)(C); 42 CFR
483.10 (a), (b),
AND (f); THE RIGHTS FOR ASSISTED LIVING RESIDENTS
SPECIFIED IN RULE PURSUANT TO SECTION
25-27-104; THE RESTRICTIONS
AND LIMITATIONS SPECIFIED BY A HEALTH
-CARE FACILITY PURSUANT TO
SUBSECTION
(3) OF THIS SECTION; RESTRICTIONS AND LIMITATIONS SPECIFIED
IN STATE OR LOCAL PUBLIC HEALTH ORDERS
; AND THE COMMUNICATIONS
EXCEPTION SPECIFIED IN SECTION
25-1-120, IN ADDITION TO HOSPITAL
PATIENT VISITATION RIGHTS IN
42 CFR 482.13 (h), A PATIENT OR RESIDENT
OF A HEALTH
-CARE FACILITY MAY HAVE AT LEAST ONE VISITOR OF THE
PATIENT
'S OR RESIDENT'S CHOOSING DURING THE PATIENT 'S STAY OR
RESIDENCY AT THE HEALTH
-CARE FACILITY, INCLUDING:
(I) A
VISITOR TO PROVIDE A COMPASSIONATE CARE VISIT TO
ALLEVIATE THE PATIENT
'S OR RESIDENT'S PHYSICAL OR MENTAL DISTRESS;
(II) A
VISITOR OR SUPPORT PERSON DESIGNATED PURSUANT TO
SUBSECTION
(2)(b) OF THIS SECTION FOR A PATIENT OR RESIDENT WITH A
DISABILITY
; AND
(III) FOR A PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE , THE
PARENT OR LEGAL GUARDIAN OF
, OR THE PERSON STANDING IN LOCO
PARENTIS TO
, THE PATIENT.
(b) (I) A
PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY
DESIGNATE
, ORALLY OR IN WRITING, A SUPPORT PERSON WHO SUPPORTS THE
PATIENT OR RESIDENT DURING THE COURSE OF THE PATIENT
'S STAY OR
RESIDENCY AT A HEALTH
-CARE FACILITY AND WHO MAY VISIT THE PATIENT
OR RESIDENT AND EXERCISE THE PATIENT
'S OR RESIDENT'S VISITATION
PAGE 2-SENATE BILL 22-053 RIGHTS ON BEHALF OF THE PATIENT OR RESIDENT WHEN THE PATIENT OR
RESIDENT IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE
.
(II) W
HEN A PATIENT OR RESIDENT HAS NOT DESIGNATED A SUPPORT
PERSON PURSUANT TO SUBSECTION
(2)(b)(I) OF THIS SECTION AND IS
INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE THE PATIENT
'S
OR RESIDENT
'S WISHES AND AN INDIVIDUAL PROVIDES AN ADVANCE MEDICAL
DIRECTIVE DESIGNATING THE INDIVIDUAL AS THE PATIENT
'S OR RESIDENT'S
SUPPORT PERSON OR OTHER TERM INDICATING THE INDIVIDUAL IS
AUTHORIZED TO EXERCISE RIGHTS COVERED BY THIS SECTION ON BEHALF OF
THE PATIENT OR RESIDENT
, THE HEALTH-CARE FACILITY SHALL ACCEPT THIS
DESIGNATION AND ALLOW THE INDIVIDUAL TO EXERCISE THE PATIENT
'S OR
RESIDENT
'S VISITATION RIGHTS ON THE PATIENT'S OR RESIDENT'S BEHALF.
(3) (a) C
ONSISTENT WITH 42 CFR 482.13 (h); 42 U.S.C.
1396r (c)(3)(C); 42
U.S.C. 1395i (c)(3)(C); 42 CFR 483.10 (a), (b), AND (f);
AND SECTION 25-27-104, A HEALTH-CARE FACILITY SHALL HAVE WRITTEN
POLICIES AND PROCEDURES REGARDING THE VISITATION RIGHTS OF PATIENTS
AND RESIDENTS
, INCLUDING POLICIES AND PROCEDURES SETTING FORTH ANY
NECESSARY OR REASONABLE RESTRICTION OR LIMITATION TO ENSURE
HEALTH AND SAFETY OF PATIENTS
, STAFF, OR VISITORS THAT THE
HEALTH
-CARE FACILITY MAY NEED TO PLACE ON PATIENT OR RESIDENT
VISITATION RIGHTS AND THE REASONS FOR THE RESTRICTION OR LIMITATION
.
(b) (I) D
URING A PERIOD WHEN THE RISK OF TRANSMISSION OF A
COMMUNICABLE DISEASE IS HEIGHTENED
, A HEALTH-CARE FACILITY MAY:
(A) R
EQUIRE VISITORS TO ENTER THE HEALTH -CARE FACILITY
THROUGH A SINGLE
, DESIGNATED ENTRANCE;
(B) D
ENY ENTRANCE TO A VISITOR WHO HAS KNOWN SYMPTOMS OF
THE COMMUNICABLE DISEASE AND SHOULD ENCOURAGE THE VISITOR TO
SEEK CARE
;
(C) R
EQUIRE VISITORS TO USE MEDICAL MASKS, FACE COVERINGS, OR
OTHER PERSONAL PROTECTIVE EQUIPMENT WHILE ON THE HEALTH
-CARE
FACILITY PREMISES OR IN SPECIFIC AREAS OF THE HEALTH
-CARE FACILITY;
(D) F
OR A HOSPITAL, REQUIRE VISITORS TO SIGN A WAIVER
ACKNOWLEDGING THE RISKS OF ENTERING THE HEALTH
-CARE FACILITY,
PAGE 3-SENATE BILL 22-053 WAIVING ANY CLAIMS AGAINST THE HEALTH -CARE FACILITY IF THE VISITOR
CONTRACTS THE COMMUNICABLE DISEASE WHILE ON THE HEALTH
-CARE
FACILITY PREMISES
, AND ACKNOWLEDGING THAT MENACING AND PHYSICAL
ASSAULTS ON HEALTH
-CARE WORKERS AND OTHER EMPLOYEES OF THE
HEALTH
-CARE FACILITY WILL NOT BE TOLERATED , AND, IF SUCH ABUSE
OCCURS
, A HOSPITAL MAY RESTRICT THE VISITOR 'S CURRENT OR FUTURE
ACCESS
;
(E) F
OR ALL OTHER HEALTH-CARE FACILITIES, REQUIRE VISITORS TO
SIGN A DOCUMENT ACKNOWLEDGING THE RISKS OF ENTERING THE
HEALTH
-CARE FACILITY AND ACKNOWLEDGING THAT MENACING AND
PHYSICAL ASSAULTS ON HEALTH
-CARE WORKERS AND OTHER EMPLOYEES OF
THE HEALTH
-CARE FACILITY WILL NOT BE TOLERATED ;
(F) R
EQUIRE ALL VISITORS, BEFORE ENTERING THE HEALTH -CARE
FACILITY
, TO BE SCREENED FOR SYMPTOMS OF THE COMMUNICABLE DISEASE
AND DENY ENTRANCE TO ANY VISITOR WHO HAS SYMPTOMS OF THE
COMMUNICABLE DISEASE
;
(G) R
EQUIRE ALL VISITORS TO THE HEALTH -CARE FACILITY TO BE
TESTED FOR THE COMMUNICABLE DISEASE AND DENY ENTRY FOR THOSE WHO
HAVE A POSITIVE TEST RESULT
; AND
(H) RESTRICT THE MOVEMENT OF VISITORS WITHIN THE
HEALTH
-CARE FACILITY, INCLUDING RESTRICTING ACCESS TO WHERE
IMMUNOCOMPROMISED OR OTHERWISE VULNERABLE POPULATIONS ARE AT
GREATER RISK OF BEING HARMED BY A COMMUNICABLE DISEASE
.
(II) F
OR VISITATION OF A PATIENT OR RESIDENT WITH A
COMMUNICABLE DISEASE WHO IS ISOLATED
, THE HEALTH-CARE FACILITY
MAY
:
(A) L
IMIT VISITATION TO ESSENTIAL CAREGIVERS WHO ARE HELPING
TO PROVIDE CARE TO THE PATIENT OR RESIDENT
;
(B) L
IMIT VISITATION TO ONE CAREGIVER AT A TIME PER PATIENT OR
RESIDENT WITH A COMMUNICABLE DISEASE
;
(C) S
CHEDULE VISITORS TO ALLOW ADEQUATE TIME FOR SCREENING ,
EDUCATION, AND TRAINING OF VISITORS AND TO COMPLY WITH ANY LIMITS
PAGE 4-SENATE BILL 22-053 ON THE NUMBER OF VISITORS PERMITTED IN THE ISOLATED AREA AT ONE
TIME
; AND
(D) PROHIBIT THE PRESENCE OF VISITORS DURING
AEROSOL
-GENERATING PROCEDURES OR DURING COLLECTION OF
RESPIRATORY SPECIMENS
.
(4) I
F A HEALTH-CARE FACILITY REQUIRES , PURSUANT TO
SUBSECTION
(3) OF THIS SECTION, THAT A VISITOR USE A MEDICAL MASK ,
FACE COVERING, OR OTHER PERSONAL PROTECTIVE EQUIPMENT , OR TAKE A
TEST FOR A COMMUNICABLE DISEASE
, IN ORDER TO VISIT A PATIENT OR
RESIDENT AT THE HEALTH
-CARE FACILITY, NOTHING IN THIS SECTION:
(a) R
EQUIRES THE HEALTH-CARE FACILITY, IF THE REQUIRED
EQUIPMENT OR TEST IS NOT AVAILABLE DUE TO LACK OF SUPPLY
, TO ALLOW
A VISITOR TO ENTER THE FACILITY
;
(b) R
EQUIRES THE HEALTH-CARE FACILITY TO SUPPLY THE REQUIRED
EQUIPMENT OR TEST TO THE VISITOR OR BEAR THE COST OF THE EQUIPMENT
FOR THE VISITOR
; OR
(c) PRECLUDES THE HEALTH-CARE FACILITY FROM SUPPLYING THE
REQUIRED EQUIPMENT OR TEST TO THE VISITOR
.
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
DVANCE MEDICAL DIRECTIVE" HAS THE SAME MEANING AS SET
FORTH IN SECTION
15-18.7-102 (2).
(b) "C
AREGIVER" MEANS A PARENT, SPOUSE, OR OTHER FAMILY
MEMBER OR FRIEND OF A PATIENT WHO PROVIDES CARE TO THE PATIENT
.
(c) "C
OMMUNICABLE DISEASE " HAS THE SAME MEANING AS SET
FORTH IN SECTION
25-1.5-102 (1)(a)(IV).
(d) (I) "C
OMPASSIONATE CARE VISIT" MEANS A VISIT WITH A FRIEND
OR FAMILY MEMBER THAT IS NECESSARY TO MEET THE PHYSICAL OR MENTAL
NEEDS OF A PATIENT OR RESIDENT WHEN THE PATIENT OR RESIDENT IS
EXHIBITING SIGNS OF PHYSICAL OR MENTAL DISTRESS
, INCLUDING:
PAGE 5-SENATE BILL 22-053 (A) END-OF-LIFE SITUATIONS;
(B) A
DJUSTMENT SUPPORT AFTER MOVING TO A NEW FACILITY OR
ENVIRONMENT
;
(C) E
MOTIONAL SUPPORT AFTER THE LOSS OF A FRIEND OR FAMILY
MEMBER
;
(D) P
HYSICAL SUPPORT AFTER EATING OR DRINKING ISSUES ,
INCLUDING WEIGHT LOSS OR DEHYDRATION ; OR
(E) SOCIAL SUPPORT AFTER FREQUENT CRYING , DISTRESS, OR
DEPRESSION
.
(II) "C
OMPASSIONATE CARE VISIT" INCLUDES A VISIT FROM:
(A) A
CLERGY MEMBER OR LAYPERSON OFFERING RELIGIOUS OR
SPIRITUAL SUPPORT
; OR
(B) OTHER PERSONS REQUESTED BY THE PATIENT OR RESIDENT FOR
THE PURPOSE OF A COMPASSIONATE CARE VISIT
.
(e) "H
EALTH-CARE FACILITY" MEANS A HOSPITAL, NURSING CARE
FACILITY
, OR ASSISTED LIVING RESIDENCE LICENSED OR CERTIFIED BY THE
DEPARTMENT PURSUANT TO SECTION
25-3-101.
(f) "P
ATIENT OR RESIDENT WITH A DISABILITY" MEANS A PATIENT OR
RESIDENT WHO NEEDS ASSISTANCE TO EFFECTIVELY COMMUNICATE WITH
HEALTH
-CARE FACILITY STAFF, MAKE HEALTH-CARE DECISIONS, OR ENGAGE
IN ACTIVITIES OF DAILY LIVING DUE TO A DISABILITY SUCH AS
:
(I) A
PHYSICAL, INTELLECTUAL, BEHAVIORAL, OR COGNITIVE
DISABILITY
;
(II) D
EAFNESS, BEING HARD OF HEARING , OR OTHER
COMMUNICATION BARRIERS
;
(III) B
LINDNESS;
(IV) A
UTISM SPECTRUM DISORDER; OR
PAGE 6-SENATE BILL 22-053 (V) DEMENTIA.
SECTION 3. Appropriation. For the 2022-23 state fiscal year,
$45,409 is appropriated to the department of public health and environment
for use by the health facilities and emergency medical services division.
This appropriation is from the general fund and is based on an assumption
that the division will require an additional 0.6 FTE. To implement this act,
the division may use this appropriation for the nursing and acute care
facility survey.
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 7-SENATE BILL 22-053 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-SENATE BILL 22-053