Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0583.01 Kristen Forrestal x4217
SENATE BILL 22-053
Senate Committees House Committees
State, Veterans, & Military Affairs
A BILL FOR AN ACT
C
ONCERNING VISITATION RIGHTS AT HEALTH -CARE FACILITIES.101
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 specifies that a patient admitted to a hospital for inpatient
care and a resident of a nursing care facility or assisted living residence
may have at least one visitor of the patient's or resident's choosing during
the stay or residency. A hospital, a nursing care facility, and an assisted
living residence (collectively referred to as "health-care facility") must
have written policies and procedures regarding the visitation rights of
patients and residents, including policies and procedures setting forth any
clinically necessary or reasonable restriction or limitation that the
SENATE SPONSORSHIP
Sonnenberg,
HOUSE SPONSORSHIP
Pelton,
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. health-care facility may need to place on patient and resident visitation
rights and the reasons for the restriction or limitation.
The bill prohibits a health-care facility from adopting policies or
procedures that prohibit visitation of a patient or resident if the sole
reason for the prohibition is to reduce the risk of transmission of a
pandemic disease, but a health-care facility may impose specified
restrictions and limitations for visitors to reduce the risk of transmission
of the pandemic disease.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, recreate and2
reenact, with amendments, 25-3-125 as follows:3
25-3-125. Visitation rights - hospital patients - residents in4
nursing care facilities or assisted living residences - limitations during5
a pandemic - definitions - short title. (1) T
HE SHORT TITLE OF THIS6
SECTION IS THE "NO PATIENT OR RESIDENT LEFT ALONE ACT".7
(2) (a) I
N ADDITION TO HOSPITAL PATIENT VISITATION RIGHTS8
SPECIFIED IN 42 CFR 482.13 (h) AND SUBJECT TO THE RESTRICTIONS AND9
LIMITATIONS SPECIFIED BY A HEALTH -CARE FACILITY PURSUANT TO10
SUBSECTION (3) OF THIS SECTION, A PATIENT OR RESIDENT OF A11
HEALTH-CARE FACILITY MAY HAVE AT LEAST ONE VISITOR OF THE12
PATIENT'S OR RESIDENT'S CHOOSING DURING THE PATIENT 'S STAY OR13
RESIDENCY AT THE HEALTH-CARE FACILITY, INCLUDING:14
(I) A
VISITOR TO PROVIDE A COMPASSIONATE CARE VISIT TO15
ALLEVIATE THE PATIENT'S OR RESIDENT'S PHYSICAL OR MENTAL DISTRESS;16
(II) A
VISITOR OR SUPPORT PERSON DESIGNATED PURSUANT TO17
SUBSECTION (2)(b) OF THIS SECTION FOR A PATIENT OR RESIDENT WITH A18
DISABILITY; AND19
(III) F
OR A PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE , THE20
PARENT OR LEGAL GUARDIAN OF , OR THE PERSON STANDING IN LOCO21
SB22-053-2- PARENTIS TO, THE PATIENT.1
(b) (I) A
PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY2
DESIGNATE, ORALLY OR IN WRITING, A SUPPORT PERSON WHO SUPPORTS3
THE PATIENT OR RESIDENT DURING THE COURSE OF THE PATIENT 'S STAY OR4
RESIDENCY AT A HEALTH -CARE FACILITY AND WHO MAY VISIT THE5
PATIENT OR RESIDENT AND EXERCISE THE PATIENT 'S OR RESIDENT'S6
VISITATION RIGHTS ON BEHALF OF THE PATIENT OR RESIDENT WHEN THE7
PATIENT OR RESIDENT IS INCAPACITATED OR OTHERWISE UNABLE TO8
COMMUNICATE.9
(II) W
HEN A PATIENT OR RESIDENT HAS NOT DESIGNATED A10
SUPPORT PERSON PURSUANT TO SUBSECTION (2)(b)(I) OF THIS SECTION11
AND IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE THE12
PATIENT'S OR RESIDENT'S WISHES AND AN INDIVIDUAL PROVIDES AN13
ADVANCE MEDICAL DIRECTIVE DESIGNATING THE INDIVIDUAL AS THE14
PATIENT'S OR RESIDENT'S SUPPORT PERSON OR OTHER TERM INDICATING15
THE INDIVIDUAL IS AUTHORIZED TO EXERCISE RIGHTS COVERED BY THIS16
SECTION ON BEHALF OF THE PATIENT OR RESIDENT , THE HEALTH-CARE17
FACILITY SHALL ACCEPT THIS DESIGNATION AND ALLOW THE INDIVIDUAL18
TO EXERCISE THE PATIENT'S OR RESIDENT'S VISITATION RIGHTS ON THE19
PATIENT'S OR RESIDENT'S BEHALF.20
(3) (a) C
ONSISTENT WITH 42 CFR 482.13 (h), A HEALTH-CARE21
FACILITY SHALL HAVE WRITTEN POLICIES AND PROCEDURES REGARDING22
THE VISITATION RIGHTS OF PATIENTS AND RESIDENTS, INCLUDING POLICIES23
AND PROCEDURES SETTING FORTH ANY CLINICALLY NECESSARY OR24
REASONABLE RESTRICTION OR LIMITATION THAT THE HEALTH -CARE25
FACILITY MAY NEED TO PLACE ON PATIENT OR RESIDENT VISITATION26
RIGHTS AND THE REASONS FOR THE RESTRICTION OR LIMITATION , SUBJECT27
SB22-053
-3- TO SUBSECTION (3)(b) OF THIS SECTION.1
(b) A
HEALTH-CARE FACILITY MAY IMPOSE RESTRICTIONS AND2
LIMITATIONS ON VISITORS AS SPECIFIED IN SUBSECTION (3)(c) OF THIS3
SECTION; EXCEPT THAT A HEALTH-CARE FACILITY SHALL NOT IMPOSE4
RESTRICTIONS AND LIMITATIONS THAT ARE MORE RESTRICTIVE THAN THE5
CURRENT APPLICABLE GUIDELINES FOR VISITATION ISSUED BY THE6
FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES .7
(c) (I) D
URING A PERIOD WHEN THE RISK OF TRANSMISSION OF A8
PANDEMIC DISEASE IS HEIGHTENED, REGARDLESS OF KNOWN COMMUNITY9
TRANSMISSION, A HEALTH-CARE FACILITY MAY:10
(A) R
EQUIRE VISITORS TO ENTER THE HEALTH -CARE FACILITY11
THROUGH A SINGLE, DESIGNATED ENTRANCE;12
(B) D
ENY ENTRANCE TO A VISITOR WHO HAS KNOWN SYMPTOMS13
OF THE PANDEMIC DISEASE AND SHOULD ENCOURAGE THE VISITOR TO SEEK14
CARE;15
(C) R
EQUIRE VISITORS TO USE MEDICAL MASKS, FACE COVERINGS,16
OR OTHER PERSONAL PROTECTIVE EQUIPMENT WHILE ON THE17
HEALTH-CARE FACILITY PREMISES OR IN SPECIFIC AREAS OF THE18
HEALTH-CARE FACILITY; AND19
(D) R
EQUIRE VISITORS TO SIGN A WAIVER ACKNOWLEDGING THE20
RISKS OF ENTERING THE HEALTH -CARE FACILITY AND WAIVING ANY21
CLAIMS AGAINST THE HEALTH-CARE FACILITY IF THE VISITOR CONTRACTS22
THE PANDEMIC DISEASE WHILE ON THE HEALTH -CARE FACILITY PREMISES.23
(II) D
URING A PERIOD OF KNOWN COMMUNITY TRANSMISSION OF24
A PANDEMIC DISEASE , IN ADDITION TO THE RESTRICTIONS AND25
LIMITATIONS SPECIFIED IN SUBSECTION (3)(c)(I) OF THIS SECTION, A26
HEALTH-CARE FACILITY MAY:27
SB22-053
-4- (A) REQUIRE ALL VISITORS, BEFORE ENTERING THE HEALTH-CARE1
FACILITY, TO BE SCREENED FOR SYMPTOMS OF THE PANDEMIC DISEASE AND2
DENY ENTRANCE TO ANY VISITOR WHO HAS SYMPTOMS OF THE PANDEMIC3
DISEASE; AND4
(B) D
URING WIDESPREAD COMMUNITY TRANSMISSION OF THE5
PANDEMIC DISEASE, LIMIT ACCESS TO THE HEALTH -CARE FACILITY TO6
ONLY CAREGIVERS WHO ARE ESSENTIAL FOR HELPING TO PROVIDE PATIENT7
OR RESIDENT CARE OR TO PROVIDE A COMPASSIONATE CARE VISIT AND8
REQUIRE THOSE CAREGIVERS TO WEAR A MEDICAL MASK , FACE COVERING,9
OR OTHER PERSONAL PROTECTIVE EQUIPMENT .10
(III) F
OR VISITATION OF A PATIENT OR RESIDENT WITH A11
COMMUNICABLE DISEASE WHO IS ISOLATED , THE HEALTH-CARE FACILITY12
MAY:13
(A) L
IMIT VISITATION TO ESSENTIAL CAREGIVERS WHO ARE14
HELPING TO PROVIDE CARE TO THE PATIENT OR RESIDENT ;15
(B) L
IMIT VISITATION TO ONE CAREGIVER AT A TIME PER PATIENT16
OR RESIDENT WITH A COMMUNICABLE DISEASE ;17
(C) S
CHEDULE VISITORS TO ALLOW ADEQUATE TIME FOR18
SCREENING, EDUCATION, AND TRAINING OF VISITORS AND TO COMPLY WITH19
ANY LIMITS ON THE NUMBER OF VISITORS PERMITTED IN THE ISOLATED20
AREA AT ONE TIME;21
(D) R
ESTRICT THE MOVEMENT OF VISITORS WITHIN THE22
HEALTH-CARE FACILITY; AND23
(E) P
ROHIBIT THE PRESENCE OF VISITORS DURING24
AEROSOL-GENERATING PROCEDURES OR DURING COLLECTION OF25
RESPIRATORY SPECIMENS.26
(4) I
F A HEALTH-CARE FACILITY REQUIRES, PURSUANT TO27
SB22-053
-5- SUBSECTION (3) OF THIS SECTION, THAT A VISITOR USE A MEDICAL MASK,1
FACE COVERING, OR OTHER PERSONAL PROTECTIVE EQUIPMENT IN ORDER2
TO VISIT A PATIENT OR RESIDENT AT THE HEALTH-CARE FACILITY, NOTHING3
IN THIS SECTION:4
(a) R
EQUIRES THE HEALTH-CARE FACILITY, IF THE REQUIRED5
EQUIPMENT IS NOT AVAILABLE DUE TO LACK OF SUPPLY , TO ALLOW A6
VISITOR TO ENTER THE FACILITY;7
(b) R
EQUIRES THE HEALTH -CARE FACILITY TO SUPPLY THE8
REQUIRED EQUIPMENT TO THE VISITOR OR BEAR THE COST OF THE9
EQUIPMENT FOR THE VISITOR; OR10
(c) P
RECLUDES THE HEALTH-CARE FACILITY FROM SUPPLYING THE11
REQUIRED EQUIPMENT TO THE VISITOR .12
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "A
DVANCE MEDICAL DIRECTIVE" HAS THE SAME MEANING AS15
SET FORTH IN SECTION 15-18.7-102 (2).16
(b) "C
AREGIVER" MEANS A PARENT, SPOUSE, OR OTHER FAMILY17
MEMBER OR FRIEND OF A PATIENT WHO PROVIDES CARE TO THE PATIENT .18
(c) "C
OMMUNICABLE DISEASE" HAS THE SAME MEANING AS SET19
FORTH IN SECTION 25-1.5-102 (1)(a)(IV).20
(d) (I) "C
OMPASSIONATE CARE VISIT" MEANS A VISIT WITH A21
FRIEND OR FAMILY MEMBER THAT IS NECESSARY TO MEET THE PHYSICAL22
OR MENTAL NEEDS OF A PATIENT OR RESIDENT WHEN THE PATIENT OR23
RESIDENT IS EXHIBITING SIGNS OF PHYSICAL OR MENTAL DISTRESS ,24
INCLUDING:25
(A) E
ND-OF-LIFE SITUATIONS;26
(B) A
DJUSTMENT SUPPORT AFTER MOVING TO A NEW FACILITY OR27
SB22-053
-6- ENVIRONMENT;1
(C) E
MOTIONAL SUPPORT AFTER THE LOSS OF A FRIEND OR FAMILY2
MEMBER;3
(D) P
HYSICAL SUPPORT AFTER EATING OR DRINKING ISSUES ,4
INCLUDING WEIGHT LOSS OR DEHYDRATION ; OR5
(E) S
OCIAL SUPPORT AFTER FREQUENT CRYING , DISTRESS, OR6
DEPRESSION.7
(II) "C
OMPASSIONATE CARE VISIT" INCLUDES A VISIT FROM:8
(A) A
CLERGY MEMBER OR LAYPERSON OFFERING RELIGIOUS OR9
SPIRITUAL SUPPORT; OR10
(B) O
THER PERSONS REQUESTED BY THE PATIENT OR RESIDENT FOR11
THE PURPOSE OF A COMPASSIONATE CARE VISIT .12
(e) "H
EALTH-CARE FACILITY" MEANS A HOSPITAL, NURSING CARE13
FACILITY, OR ASSISTED LIVING RESIDENCE LICENSED OR CERTIFIED BY THE14
DEPARTMENT PURSUANT TO SECTION 25-3-101.15
(f) "P
ANDEMIC DISEASE" MEANS AN EPIDEMIC DISEASE, AS DEFINED16
IN SECTION 25-1.5-102 (1)(a)(III), THAT HAS SPREAD OVER MULTIPLE17
COUNTRIES OR CONTINENTS.18
(g) "P
ATIENT OR RESIDENT WITH A DISABILITY" MEANS A PATIENT19
OR RESIDENT WHO NEEDS ASSISTANCE TO EFFECTIVELY COMMUNICATE20
WITH HEALTH-CARE FACILITY STAFF, MAKE HEALTH-CARE DECISIONS, OR21
ENGAGE IN ACTIVITIES OF DAILY LIVING DUE TO A DISABILITY SUCH AS :22
(I) A
PHYSICAL, INTELLECTUAL, BEHAVIORAL, OR COGNITIVE23
DISABILITY;24
(II) D
EAFNESS, BEING HARD OF HEARING , OR OTHER25
COMMUNICATION BARRIERS ;26
(III) B
LINDNESS;27
SB22-053
-7- (IV) AUTISM SPECTRUM DISORDER; OR1
(V) D
EMENTIA.2
SECTION 2. Safety clause. The general assembly hereby finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety.5
SB22-053
-8-