Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0583.01 Kristen Forrestal x4217
SENATE BILL 22-053
Senate Committees House Committees
State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
Appropriations 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
HOUSE
Amended 2nd Reading
May 10, 2022
SENATE
3rd Reading Unamended
March 29, 2022
SENATE
Amended 2nd Reading
March 25, 2022
SENATE SPONSORSHIP
Sonnenberg, Cooke, Donovan, Holbert, Kirkmeyer, Lundeen, Scott, Simpson, Smallwood,
Woodward
HOUSE SPONSORSHIP
McLachlan and Geitner,
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, 25-1-120, amend2
(1)(b) as follows:3
25-1-120. Nursing facilities - rights of patients. (1) The4
department shall require all skilled nursing facilities and intermediate care5
facilities to adopt and make public a statement of the rights and6
responsibilities of the patients who are receiving treatment in such7
facilities and to treat their patients in accordance with the provisions of8
said statement. The statement shall ensure each patient the following:9
(b) The right to have private and unrestricted communications10
with any person of his THE PATIENT'S choice, EXCEPT AS SPECIFIED IN11
SECTION 25-3-125 (2) AND (3);12
SECTION 2. In Colorado Revised Statutes, recreate and13
reenact, with amendments, 25-3-125 as follows:14
25-3-125. Visitation rights - hospital patients - residents in15
nursing care facilities or assisted living residences - limitations during16
a pandemic - definitions - short title. (1) T
HE SHORT TITLE OF THIS17
SECTION IS THE "NO PATIENT OR RESIDENT LEFT ALONE ACT".18
(2) (a) SUBJECT TO THE RESTRICTIONS AND LIMITATIONS FOR19
SKILLED NURSING FACILITY AND NURSING FACILITY RESIDENTS' VISITATION20
053-2- RIGHTS SPECIFIED IN 42 U.S.C. 1396r (c)(3)(C); 42 U.S.C. 1395i (c)(3)(C);1
42 CFR 483.10 (a), (b), AND (f); THE RIGHTS FOR ASSISTED LIVING2
RESIDENTS SPECIFIED IN RULE PURSUANT TO SECTION 25-27-104; THE3
RESTRICTIONS AND LIMITATIONS SPECIFIED BY A HEALTH-CARE FACILITY4
PURSUANT TO SUBSECTION (3) OF THIS SECTION; RESTRICTIONS AND5
LIMITATIONS SPECIFIED IN STATE OR LOCAL PUBLIC HEALTH ORDERS; AND6
THE COMMUNICATIONS EXCEPTION SPECIFIED IN SECTION 25-1-120, IN7
ADDITION TO HOSPITAL PATIENT VISITATION RIGHTS IN 42 CFR 482.13 (h),8
A PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY HAVE AT LEAST9
ONE VISITOR OF THE PATIENT'S OR RESIDENT'S CHOOSING DURING THE10
PATIENT'S STAY OR RESIDENCY AT THE HEALTH -CARE FACILITY,11
INCLUDING:12
(I) A
VISITOR TO PROVIDE A COMPASSIONATE CARE VISIT TO13
ALLEVIATE THE PATIENT'S OR RESIDENT'S PHYSICAL OR MENTAL DISTRESS;14
(II) A
VISITOR OR SUPPORT PERSON DESIGNATED PURSUANT TO15
SUBSECTION (2)(b) OF THIS SECTION FOR A PATIENT OR RESIDENT WITH A16
DISABILITY; AND17
(III) F
OR A PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE , THE18
PARENT OR LEGAL GUARDIAN OF , OR THE PERSON STANDING IN LOCO19
PARENTIS TO, THE PATIENT.20
(b) (I) A
PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY21
DESIGNATE, ORALLY OR IN WRITING, A SUPPORT PERSON WHO SUPPORTS22
THE PATIENT OR RESIDENT DURING THE COURSE OF THE PATIENT 'S STAY OR23
RESIDENCY AT A HEALTH -CARE FACILITY AND WHO MAY VISIT THE24
PATIENT OR RESIDENT AND EXERCISE THE PATIENT 'S OR RESIDENT'S25
VISITATION RIGHTS ON BEHALF OF THE PATIENT OR RESIDENT WHEN THE26
PATIENT OR RESIDENT IS INCAPACITATED OR OTHERWISE UNABLE TO27
053
-3- COMMUNICATE.1
(II) W
HEN A PATIENT OR RESIDENT HAS NOT DESIGNATED A2
SUPPORT PERSON PURSUANT TO SUBSECTION (2)(b)(I) OF THIS SECTION3
AND IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE THE4
PATIENT'S OR RESIDENT'S WISHES AND AN INDIVIDUAL PROVIDES AN5
ADVANCE MEDICAL DIRECTIVE DESIGNATING THE INDIVIDUAL AS THE6
PATIENT'S OR RESIDENT'S SUPPORT PERSON OR OTHER TERM INDICATING7
THE INDIVIDUAL IS AUTHORIZED TO EXERCISE RIGHTS COVERED BY THIS8
SECTION ON BEHALF OF THE PATIENT OR RESIDENT , THE HEALTH-CARE9
FACILITY SHALL ACCEPT THIS DESIGNATION AND ALLOW THE INDIVIDUAL10
TO EXERCISE THE PATIENT'S OR RESIDENT'S VISITATION RIGHTS ON THE11
PATIENT'S OR RESIDENT'S BEHALF.12
(3) (a) C
ONSISTENT WITH
42 CFR 482.13 (h); 42 U.S.C.13
1396r (c)(3)(C); 42 U.S.C. 1395i (c)(3)(C); 42 CFR 483.10 (a), (b), AND14
(f); AND SECTION 25-27-104, A HEALTH-CARE FACILITY SHALL HAVE15
WRITTEN POLICIES AND PROCEDURES REGARDING THE VISITATION RIGHTS16
OF PATIENTS AND RESIDENTS , INCLUDING POLICIES AND PROCEDURES17
SETTING FORTH ANY NECESSARY OR REASONABLE RESTRICTION OR18
LIMITATION TO ENSURE HEALTH AND SAFETY OF PATIENTS , STAFF, OR19
VISITORS THAT THE HEALTH -CARE FACILITY MAY NEED TO PLACE ON20
PATIENT OR RESIDENT VISITATION RIGHTS AND THE REASONS FOR THE21
RESTRICTION OR LIMITATION.22
(b) (I) DURING A PERIOD WHEN THE RISK OF TRANSMISSION OF A23
COMMUNICABLE DISEASE IS HEIGHTENED , A HEALTH-CARE FACILITY24
MAY:25
(A) R
EQUIRE VISITORS TO ENTER THE HEALTH -CARE FACILITY26
THROUGH A SINGLE, DESIGNATED ENTRANCE;27
053
-4- (B) DENY ENTRANCE TO A VISITOR WHO HAS KNOWN SYMPTOMS1
OF THE COMMUNICABLE DISEASE AND SHOULD ENCOURAGE THE VISITOR2
TO SEEK CARE;3
(C) R
EQUIRE VISITORS TO USE MEDICAL MASKS, FACE COVERINGS,4
OR OTHER PERSONAL PROTECTIVE EQUIPMENT WHILE ON THE5
HEALTH-CARE FACILITY PREMISES OR IN SPECIFIC AREAS OF THE6
HEALTH-CARE FACILITY;
7
(D) FOR A HOSPITAL, REQUIRE VISITORS TO SIGN A WAIVER8
ACKNOWLEDGING THE RISKS OF ENTERING THE HEALTH -CARE FACILITY,9
WAIVING ANY CLAIMS AGAINST THE HEALTH -CARE FACILITY IF THE10
VISITOR CONTRACTS THE COMMUNICABLE DISEASE WHILE ON THE11
HEALTH-CARE FACILITY PREMISES, AND ACKNOWLEDGING THAT MENACING12
AND PHYSICAL ASSAULTS ON HEALTH -CARE WORKERS AND OTHER13
EMPLOYEES OF THE HEALTH -CARE FACILITY WILL NOT BE TOLERATED,14
AND, IF SUCH ABUSE OCCURS, A HOSPITAL MAY RESTRICT THE VISITOR'S15
CURRENT OR FUTURE ACCESS; AND16
(E) FOR ALL OTHER HEALTH-CARE FACILITIES, REQUIRE VISITORS17
TO SIGN A DOCUMENT ACKNOWLEDGING THE RISKS OF ENTERING THE18
HEALTH-CARE FACILITY AND ACKNOWLEDGING THAT MENACING AND19
PHYSICAL ASSAULTS ON HEALTH-CARE WORKERS AND OTHER EMPLOYEES20
OF THE HEALTH-CARE FACILITY WILL NOT BE TOLERATED .21
22
(F) REQUIRE ALL VISITORS, BEFORE ENTERING THE HEALTH-CARE23
FACILITY, TO BE SCREENED FOR SYMPTOMS OF THE COMMUNICABLE24
DISEASE AND DENY ENTRANCE TO ANY VISITOR WHO HAS SYMPTOMS OF25
THE COMMUNICABLE DISEASE; AND26
(G) REQUIRE ALL VISITORS TO THE HEALTH-CARE FACILITY TO BE27
053
-5- TESTED FOR THE COMMUNICABLE DISEASE AND DENY ENTRY FOR THOSE1
WHO HAVE A POSITIVE TEST RESULT; AND2
(H) RESTRICT THE MOVEMENT OF VISITORS WITHIN THE3
HEALTH-CARE FACILITY, INCLUDING RESTRICTING ACCESS TO WHERE4
IMMUNOCOMPROMISED OR OTHERWISE VULNERABLE POPULATIONS ARE AT5
GREATER RISK OF BEING HARMED BY A COMMUNICABLE DISEASE .6
(II) FOR VISITATION OF A PATIENT OR RESIDENT WITH A7
COMMUNICABLE DISEASE WHO IS ISOLATED , THE HEALTH-CARE FACILITY8
MAY:9
(A) L
IMIT VISITATION TO ESSENTIAL CAREGIVERS WHO ARE10
HELPING TO PROVIDE CARE TO THE PATIENT OR RESIDENT ;11
(B) L
IMIT VISITATION TO ONE CAREGIVER AT A TIME PER PATIENT12
OR RESIDENT WITH A COMMUNICABLE DISEASE ;13
(C) S
CHEDULE VISITORS TO ALLOW ADEQUATE TIME FOR14
SCREENING, EDUCATION, AND TRAINING OF VISITORS AND TO COMPLY WITH15
ANY LIMITS ON THE NUMBER OF VISITORS PERMITTED IN THE ISOLATED16
AREA AT ONE TIME;
AND17
18
(D) PROHIBIT THE PRESENCE OF VISITORS DURING19
AEROSOL-GENERATING PROCEDURES OR DURING COLLECTION OF20
RESPIRATORY SPECIMENS.21
(4) I
F A HEALTH-CARE FACILITY REQUIRES, PURSUANT TO22
SUBSECTION (3) OF THIS SECTION, THAT A VISITOR USE A MEDICAL MASK,23
FACE COVERING, OR OTHER PERSONAL PROTECTIVE
EQUIPMENT, OR TAKE24
A TEST FOR A COMMUNICABLE DISEASE, IN ORDER TO VISIT A PATIENT OR25
RESIDENT AT THE HEALTH-CARE FACILITY, NOTHING IN THIS SECTION:26
(a) R
EQUIRES THE HEALTH-CARE FACILITY, IF THE REQUIRED27
053
-6- EQUIPMENT OR TEST IS NOT AVAILABLE DUE TO LACK OF SUPPLY , TO1
ALLOW A VISITOR TO ENTER THE FACILITY;2
(b) R
EQUIRES THE HEALTH-CARE FACILITY TO SUPPLY THE3
REQUIRED EQUIPMENT
OR TEST TO THE VISITOR OR BEAR THE COST OF THE4
EQUIPMENT FOR THE VISITOR; OR5
(c) P
RECLUDES THE HEALTH-CARE FACILITY FROM SUPPLYING THE6
REQUIRED EQUIPMENT
OR TEST TO THE VISITOR.7
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
REQUIRES:9
(a) "A
DVANCE MEDICAL DIRECTIVE" HAS THE SAME MEANING AS10
SET FORTH IN SECTION 15-18.7-102 (2).11
(b) "C
AREGIVER" MEANS A PARENT, SPOUSE, OR OTHER FAMILY12
MEMBER OR FRIEND OF A PATIENT WHO PROVIDES CARE TO THE PATIENT .13
(c) "C
OMMUNICABLE DISEASE" HAS THE SAME MEANING AS SET14
FORTH IN SECTION 25-1.5-102 (1)(a)(IV).15
(d) (I) "C
OMPASSIONATE CARE VISIT" MEANS A VISIT WITH A16
FRIEND OR FAMILY MEMBER THAT IS NECESSARY TO MEET THE PHYSICAL17
OR MENTAL NEEDS OF A PATIENT OR RESIDENT WHEN THE PATIENT OR18
RESIDENT IS EXHIBITING SIGNS OF PHYSICAL OR MENTAL DISTRESS ,19
INCLUDING:20
(A) E
ND-OF-LIFE SITUATIONS;21
(B) A
DJUSTMENT SUPPORT AFTER MOVING TO A NEW FACILITY OR22
ENVIRONMENT;23
(C) E
MOTIONAL SUPPORT AFTER THE LOSS OF A FRIEND OR FAMILY24
MEMBER;25
(D) P
HYSICAL SUPPORT AFTER EATING OR DRINKING ISSUES ,26
INCLUDING WEIGHT LOSS OR DEHYDRATION ; OR27
053
-7- (E) SOCIAL SUPPORT AFTER FREQUENT CRYING , DISTRESS, OR1
DEPRESSION.2
(II) "C
OMPASSIONATE CARE VISIT" INCLUDES A VISIT FROM:3
(A) A
CLERGY MEMBER OR LAYPERSON OFFERING RELIGIOUS OR4
SPIRITUAL SUPPORT; OR5
(B) O
THER PERSONS REQUESTED BY THE PATIENT OR RESIDENT FOR6
THE PURPOSE OF A COMPASSIONATE CARE VISIT .7
(e) "H
EALTH-CARE FACILITY" MEANS A HOSPITAL, NURSING CARE8
FACILITY, OR ASSISTED LIVING RESIDENCE LICENSED OR CERTIFIED BY THE9
DEPARTMENT PURSUANT TO SECTION 25-3-101.10
11
(f) "PATIENT OR RESIDENT WITH A DISABILITY" MEANS A PATIENT12
OR RESIDENT WHO NEEDS ASSISTANCE TO EFFECTIVELY COMMUNICATE13
WITH HEALTH-CARE FACILITY STAFF, MAKE HEALTH-CARE DECISIONS, OR14
ENGAGE IN ACTIVITIES OF DAILY LIVING DUE TO A DISABILITY SUCH AS :15
(I) A
PHYSICAL, INTELLECTUAL, BEHAVIORAL, OR COGNITIVE16
DISABILITY;17
(II) D
EAFNESS, BEING HARD OF HEARING , OR OTHER18
COMMUNICATION BARRIERS ;19
(III) B
LINDNESS;20
(IV) A
UTISM SPECTRUM DISORDER; OR21
(V) D
EMENTIA.22
SECTION
3. Appropriation. For the 2022-23 state fiscal year,23
$45,409 is appropriated to the department of public health and24
environment for use by the health facilities and emergency medical25
services division. This appropriation is from the general fund and is based26
on an assumption that the division will require an additional 0.6 FTE. To27
053
-8- implement this act, the division may use this appropriation for the nursing1
and acute care facility survey.2
SECTION 4. 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
053
-9-