Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0583.01 Kristen Forrestal x4217
SENATE BILL 22-053
Senate Committees House Committees
State, Veterans, & Military Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING VISITATION RIGHTS AT HEALTH -CARE FACILITIES, AND,
101
IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .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 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
SENATE
Amended 2nd Reading
March 25, 2022
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. patients and residents, including policies and procedures setting forth any
clinically necessary or reasonable restriction or limitation that the
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
053-2- PARENT OR LEGAL GUARDIAN OF , OR THE PERSON STANDING IN LOCO1
PARENTIS TO, THE PATIENT.2
(b) (I) A
PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY3
DESIGNATE, ORALLY OR IN WRITING, A SUPPORT PERSON WHO SUPPORTS4
THE PATIENT OR RESIDENT DURING THE COURSE OF THE PATIENT 'S STAY OR5
RESIDENCY AT A HEALTH -CARE FACILITY AND WHO MAY VISIT THE6
PATIENT OR RESIDENT AND EXERCISE THE PATIENT 'S OR RESIDENT'S7
VISITATION RIGHTS ON BEHALF OF THE PATIENT OR RESIDENT WHEN THE8
PATIENT OR RESIDENT IS INCAPACITATED OR OTHERWISE UNABLE TO9
COMMUNICATE.10
(II) W
HEN A PATIENT OR RESIDENT HAS NOT DESIGNATED A11
SUPPORT PERSON PURSUANT TO SUBSECTION (2)(b)(I) OF THIS SECTION12
AND IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE THE13
PATIENT'S OR RESIDENT'S WISHES AND AN INDIVIDUAL PROVIDES AN14
ADVANCE MEDICAL DIRECTIVE DESIGNATING THE INDIVIDUAL AS THE15
PATIENT'S OR RESIDENT'S SUPPORT PERSON OR OTHER TERM INDICATING16
THE INDIVIDUAL IS AUTHORIZED TO EXERCISE RIGHTS COVERED BY THIS17
SECTION ON BEHALF OF THE PATIENT OR RESIDENT , THE HEALTH-CARE18
FACILITY SHALL ACCEPT THIS DESIGNATION AND ALLOW THE INDIVIDUAL19
TO EXERCISE THE PATIENT'S OR RESIDENT'S VISITATION RIGHTS ON THE20
PATIENT'S OR RESIDENT'S BEHALF.21
(3) (a) C
ONSISTENT WITH 42 CFR 482.13 (h), A HEALTH-CARE22
FACILITY SHALL HAVE WRITTEN POLICIES AND PROCEDURES REGARDING23
THE VISITATION RIGHTS OF PATIENTS AND RESIDENTS, INCLUDING POLICIES24
AND PROCEDURES SETTING FORTH ANY CLINICALLY NECESSARY OR25
REASONABLE RESTRICTION OR LIMITATION THAT THE HEALTH -CARE26
FACILITY MAY NEED TO PLACE ON PATIENT OR RESIDENT VISITATION27
053
-3- RIGHTS AND THE REASONS FOR THE RESTRICTION OR LIMITATION , SUBJECT1
TO SUBSECTION (3)(b) OF THIS SECTION.2
(b) A
HEALTH-CARE FACILITY MAY IMPOSE RESTRICTIONS AND3
LIMITATIONS ON VISITORS AS SPECIFIED IN SUBSECTION (3)(c) OF THIS4
SECTION; EXCEPT THAT A HEALTH-CARE FACILITY SHALL NOT IMPOSE5
RESTRICTIONS AND LIMITATIONS THAT ARE MORE RESTRICTIVE THAN THE6
CURRENT APPLICABLE GUIDELINES FOR VISITATION ISSUED BY THE7
FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES .8
(c) (I) D
URING A PERIOD WHEN THE RISK OF TRANSMISSION OF A9
PANDEMIC DISEASE IS HEIGHTENED, REGARDLESS OF KNOWN COMMUNITY10
TRANSMISSION, A HEALTH-CARE FACILITY MAY:11
(A) R
EQUIRE VISITORS TO ENTER THE HEALTH -CARE FACILITY12
THROUGH A SINGLE, DESIGNATED ENTRANCE;13
(B) D
ENY ENTRANCE TO A VISITOR WHO HAS KNOWN SYMPTOMS14
OF THE PANDEMIC DISEASE AND SHOULD ENCOURAGE THE VISITOR TO SEEK15
CARE;16
(C) R
EQUIRE VISITORS TO USE MEDICAL MASKS, FACE COVERINGS,17
OR OTHER PERSONAL PROTECTIVE EQUIPMENT WHILE ON THE18
HEALTH-CARE FACILITY PREMISES OR IN SPECIFIC AREAS OF THE19
HEALTH-CARE FACILITY; AND20
(D) R
EQUIRE VISITORS TO SIGN A WAIVER ACKNOWLEDGING THE21
RISKS OF ENTERING THE HEALTH-CARE FACILITY,
WAIVING ANY CLAIMS22
AGAINST THE HEALTH-CARE FACILITY IF THE VISITOR CONTRACTS THE23
PANDEMIC DISEASE WHILE ON THE HEALTH -CARE FACILITY PREMISES, AND24
ACKNOWLEDGING THAT VERBAL AND PHYSICAL ASSAULTS ON25
HEALTH-CARE WORKERS AND OTHER EMPLOYEES OF THE HEALTH -CARE26
FACILITY WILL NOT BE TOLERATED.27
053
-4- (II) DURING A PERIOD OF KNOWN COMMUNITY TRANSMISSION OF1
A PANDEMIC DISEASE , IN ADDITION TO THE RESTRICTIONS AND2
LIMITATIONS SPECIFIED IN SUBSECTION (3)(c)(I) OF THIS SECTION, A3
HEALTH-CARE FACILITY MAY:4
(A) R
EQUIRE ALL VISITORS, BEFORE ENTERING THE HEALTH-CARE5
FACILITY, TO BE SCREENED FOR SYMPTOMS OF THE PANDEMIC DISEASE AND6
DENY ENTRANCE TO ANY VISITOR WHO HAS SYMPTOMS OF THE PANDEMIC7
DISEASE; AND8
(B) D
URING WIDESPREAD COMMUNITY TRANSMISSION OF THE9
PANDEMIC DISEASE, LIMIT ACCESS TO THE HEALTH -CARE FACILITY TO10
ONLY CAREGIVERS WHO ARE ESSENTIAL FOR HELPING TO PROVIDE PATIENT11
OR RESIDENT CARE OR TO PROVIDE A COMPASSIONATE CARE VISIT AND12
REQUIRE THOSE CAREGIVERS TO WEAR A MEDICAL MASK , FACE COVERING,13
OR OTHER PERSONAL PROTECTIVE EQUIPMENT .14
(III) F
OR VISITATION OF A PATIENT OR RESIDENT WITH A15
COMMUNICABLE DISEASE WHO IS ISOLATED , THE HEALTH-CARE FACILITY16
MAY:17
(A) L
IMIT VISITATION TO ESSENTIAL CAREGIVERS WHO ARE18
HELPING TO PROVIDE CARE TO THE PATIENT OR RESIDENT ;19
(B) L
IMIT VISITATION TO ONE CAREGIVER AT A TIME PER PATIENT20
OR RESIDENT WITH A COMMUNICABLE DISEASE ;21
(C) S
CHEDULE VISITORS TO ALLOW ADEQUATE TIME FOR22
SCREENING, EDUCATION, AND TRAINING OF VISITORS AND TO COMPLY WITH23
ANY LIMITS ON THE NUMBER OF VISITORS PERMITTED IN THE ISOLATED24
AREA AT ONE TIME;25
(D) R
ESTRICT THE MOVEMENT OF VISITORS WITHIN THE26
HEALTH-CARE FACILITY; AND27
053
-5- (E) PROHIBIT THE PRESENCE OF VISITORS DURING1
AEROSOL-GENERATING PROCEDURES OR DURING COLLECTION OF2
RESPIRATORY SPECIMENS.3
(4) I
F A HEALTH-CARE FACILITY REQUIRES , PURSUANT TO4
SUBSECTION (3) OF THIS SECTION, THAT A VISITOR USE A MEDICAL MASK,5
FACE COVERING, OR OTHER PERSONAL PROTECTIVE EQUIPMENT IN ORDER6
TO VISIT A PATIENT OR RESIDENT AT THE HEALTH-CARE FACILITY, NOTHING7
IN THIS SECTION:8
(a) R
EQUIRES THE HEALTH-CARE FACILITY, IF THE REQUIRED9
EQUIPMENT IS NOT AVAILABLE DUE TO LACK OF SUPPLY , TO ALLOW A10
VISITOR TO ENTER THE FACILITY;11
(b) R
EQUIRES THE HEALTH-CARE FACILITY TO SUPPLY THE12
REQUIRED EQUIPMENT TO THE VISITOR OR BEAR THE COST OF THE13
EQUIPMENT FOR THE VISITOR; OR14
(c) P
RECLUDES THE HEALTH-CARE FACILITY FROM SUPPLYING THE15
REQUIRED EQUIPMENT TO THE VISITOR .16
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE17
REQUIRES:18
(a) "A
DVANCE MEDICAL DIRECTIVE" HAS THE SAME MEANING AS19
SET FORTH IN SECTION 15-18.7-102 (2).20
(b) "C
AREGIVER" MEANS A PARENT, SPOUSE, OR OTHER FAMILY21
MEMBER OR FRIEND OF A PATIENT WHO PROVIDES CARE TO THE PATIENT .22
(c) "C
OMMUNICABLE DISEASE" HAS THE SAME MEANING AS SET23
FORTH IN SECTION 25-1.5-102 (1)(a)(IV).24
(d) (I) "C
OMPASSIONATE CARE VISIT" MEANS A VISIT WITH A25
FRIEND OR FAMILY MEMBER THAT IS NECESSARY TO MEET THE PHYSICAL26
OR MENTAL NEEDS OF A PATIENT OR RESIDENT WHEN THE PATIENT OR27
053
-6- RESIDENT IS EXHIBITING SIGNS OF PHYSICAL OR MENTAL DISTRESS ,1
INCLUDING:2
(A) E
ND-OF-LIFE SITUATIONS;3
(B) A
DJUSTMENT SUPPORT AFTER MOVING TO A NEW FACILITY OR4
ENVIRONMENT;5
(C) E
MOTIONAL SUPPORT AFTER THE LOSS OF A FRIEND OR FAMILY6
MEMBER;7
(D) P
HYSICAL SUPPORT AFTER EATING OR DRINKING ISSUES ,8
INCLUDING WEIGHT LOSS OR DEHYDRATION ; OR9
(E) S
OCIAL SUPPORT AFTER FREQUENT CRYING , DISTRESS, OR10
DEPRESSION.11
(II) "C
OMPASSIONATE CARE VISIT" INCLUDES A VISIT FROM:12
(A) A
CLERGY MEMBER OR LAYPERSON OFFERING RELIGIOUS OR13
SPIRITUAL SUPPORT; OR14
(B) O
THER PERSONS REQUESTED BY THE PATIENT OR RESIDENT FOR15
THE PURPOSE OF A COMPASSIONATE CARE VISIT .16
(e) "H
EALTH-CARE FACILITY" MEANS A HOSPITAL, NURSING CARE17
FACILITY, OR ASSISTED LIVING RESIDENCE LICENSED OR CERTIFIED BY THE18
DEPARTMENT PURSUANT TO SECTION 25-3-101.19
(f) "P
ANDEMIC DISEASE" MEANS AN EPIDEMIC DISEASE, AS DEFINED20
IN SECTION 25-1.5-102 (1)(a)(III), THAT HAS SPREAD OVER MULTIPLE21
COUNTRIES OR CONTINENTS.22
(g) "P
ATIENT OR RESIDENT WITH A DISABILITY" MEANS A PATIENT23
OR RESIDENT WHO NEEDS ASSISTANCE TO EFFECTIVELY COMMUNICATE24
WITH HEALTH-CARE FACILITY STAFF, MAKE HEALTH-CARE DECISIONS, OR25
ENGAGE IN ACTIVITIES OF DAILY LIVING DUE TO A DISABILITY SUCH AS :26
(I) A
PHYSICAL, INTELLECTUAL, BEHAVIORAL, OR COGNITIVE27
053
-7- DISABILITY;1
(II) D
EAFNESS, BEING HARD OF HEARING , OR OTHER2
COMMUNICATION BARRIERS ;3
(III) B
LINDNESS;4
(IV) A
UTISM SPECTRUM DISORDER; OR5
(V) D
EMENTIA.6
SECTION 2. Appropriation. For the 2022-23 state fiscal year,
7
$45,409 is appropriated to the department of public health and8
environment for use by the health facilities and emergency medical9
services division. This appropriation is from the general fund and is based10
on an assumption that the division will require an additional 0.6 FTE. To11
implement this act, the division may use this appropriation for the nursing12
and acute care facility survey.13
SECTION 3. Safety clause. The general assembly hereby finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety.16
053
-8-