Colorado 2022 Regular Session

Colorado Senate Bill SB053 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 22-0583.01 Kristen Forrestal x4217
1	8		SENATE BILL 22-053
2		-	~~BY SENATOR(S) Sonnenberg,~~ ~~Cooke, Donovan, Gardner, Holbert,~~
3		-	~~Kirkmeyer~~, ~~Lundeen~~, ~~Moreno~~, ~~Scott~~, ~~Simpson~~, ~~Smallwood, Woodward;~~
4		-	~~also REPRESENTATIVE(S) McLachlan and Geitner, Pico, Van Beber,~~
5		-	~~Van Winkle.~~
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs State, Civic, Military, & Veterans Affairs
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
6	13		C
7		-	ONCERNING VISITATION RIGHTS AT HEALTH -CARE FACILITIES, AND, IN
8		-	CONNECTION THEREWITH
9		-	, MAKING AN APPROPRIATION.
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 25-1-120, amend
13		-	(1)(b) as follows:
14		-	25-1-120. Nursing facilities - rights of patients. (1) The
15		-	department shall require all skilled nursing facilities and intermediate care
16		-	facilities to adopt and make public a statement of the rights and
17		-	responsibilities of the patients who are receiving treatment in such facilities
18		-	and to treat their patients in accordance with the provisions of said
19		-	statement. The statement shall ensure each patient the following:
20		-	(b) The right to have private and unrestricted communications with
21		-	any person of his
22		-	THE PATIENT'S choice, EXCEPT AS SPECIFIED IN SECTION
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. 25-3-125 (2) AND (3);
31		-	SECTION 2. In Colorado Revised Statutes, recreate and reenact,
32		-	with amendments, 25-3-125 as follows:
33		-	25-3-125. Visitation rights - hospital patients - residents in
34		-	nursing care facilities or assisted living residences - limitations during
	14	+	ONCERNING VISITATION RIGHTS AT HEALTH -CARE FACILITIES, AND,
	15	+	101
	16	+	IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	The bill specifies that a patient admitted to a hospital for inpatient
	25	+	care and a resident of a nursing care facility or assisted living residence
	26	+	may have at least one visitor of the patient's or resident's choosing during
	27	+	the stay or residency. A hospital, a nursing care facility, and an assisted
	28	+	living residence (collectively referred to as "health-care facility") must
	29	+	have written policies and procedures regarding the visitation rights of
	30	+	HOUSE
	31	+	Amended 2nd Reading
	32	+	May 10, 2022
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	March 29, 2022
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	March 25, 2022
	39	+	SENATE SPONSORSHIP
	40	+	Sonnenberg, Cooke, Donovan, Holbert, Kirkmeyer, Lundeen, Scott, Simpson, Smallwood,
	41	+	Woodward
	42	+	HOUSE SPONSORSHIP
	43	+	McLachlan and Geitner,
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	46	+	Dashes through the words indicate deletions from existing statute. patients and residents, including policies and procedures setting forth any
	47	+	clinically necessary or reasonable restriction or limitation that the
	48	+	health-care facility may need to place on patient and resident visitation
	49	+	rights and the reasons for the restriction or limitation.
	50	+	The bill prohibits a health-care facility from adopting policies or
	51	+	procedures that prohibit visitation of a patient or resident if the sole
	52	+	reason for the prohibition is to reduce the risk of transmission of a
	53	+	pandemic disease, but a health-care facility may impose specified
	54	+	restrictions and limitations for visitors to reduce the risk of transmission
	55	+	of the pandemic disease.
	56	+	Be it enacted by the General Assembly of the State of Colorado:1
	57	+	SECTION 1. In Colorado Revised Statutes, 25-1-120, amend2
	58	+	(1)(b) as follows:3
	59	+	25-1-120. Nursing facilities - rights of patients. (1) The4
	60	+	department shall require all skilled nursing facilities and intermediate care5
	61	+	facilities to adopt and make public a statement of the rights and6
	62	+	responsibilities of the patients who are receiving treatment in such7
	63	+	facilities and to treat their patients in accordance with the provisions of8
	64	+	said statement. The statement shall ensure each patient the following:9
	65	+	(b) The right to have private and unrestricted communications10
	66	+	with any person of his THE PATIENT'S choice, EXCEPT AS SPECIFIED IN11
	67	+	SECTION 25-3-125 (2) AND (3);12
	68	+	SECTION 2. In Colorado Revised Statutes, recreate and13
	69	+	reenact, with amendments, 25-3-125 as follows:14
	70	+	25-3-125. Visitation rights - hospital patients - residents in15
	71	+	nursing care facilities or assisted living residences - limitations during16
35	72		a pandemic - definitions - short title. (1) T
36		-	HE SHORT TITLE OF THIS
37		-	SECTION IS THE
38		-	"ELIZABETH'S NO PATIENT OR RESIDENT LEFT ALONE ACT".
39		-	(2) (a) S
40		-	UBJECT TO THE RESTRICTIONS AND LIMITATIONS FOR SKILLED
41		-	NURSING FACILITY AND NURSING FACILITY RESIDENTS
42		-	' VISITATION RIGHTS
43		-	SPECIFIED IN
44		-	42 U.S.C. 1396r (c)(3)(C); 42 U.S.C. 1395i (c)(3)(C); 42 CFR
45		-	483.10 (a), (b),
46		-	AND (f); THE RIGHTS FOR ASSISTED LIVING RESIDENTS
47		-	SPECIFIED IN RULE PURSUANT TO SECTION
48		-	25-27-104; THE RESTRICTIONS
49		-	AND LIMITATIONS SPECIFIED BY A HEALTH
50		-	-CARE FACILITY PURSUANT TO
51		-	SUBSECTION
52		-	(3) OF THIS SECTION; RESTRICTIONS AND LIMITATIONS SPECIFIED
53		-	IN STATE OR LOCAL PUBLIC HEALTH ORDERS
54		-	; AND THE COMMUNICATIONS
55		-	EXCEPTION SPECIFIED IN SECTION
56		-	25-1-120, IN ADDITION TO HOSPITAL
57		-	PATIENT VISITATION RIGHTS IN
58		-	42 CFR 482.13 (h), A PATIENT OR RESIDENT
59		-	OF A HEALTH
60		-	-CARE FACILITY MAY HAVE AT LEAST ONE VISITOR OF THE
61		-	PATIENT
62		-	'S OR RESIDENT'S CHOOSING DURING THE PATIENT 'S STAY OR
63		-	RESIDENCY AT THE HEALTH
64		-	-CARE FACILITY, INCLUDING:
	73	+	HE SHORT TITLE OF THIS17
	74	+	SECTION IS THE "NO PATIENT OR RESIDENT LEFT ALONE ACT".18
	75	+	(2) (a) SUBJECT TO THE RESTRICTIONS AND LIMITATIONS FOR19
	76	+	SKILLED NURSING FACILITY AND NURSING FACILITY RESIDENTS' VISITATION20
	77	+	053-2- RIGHTS SPECIFIED IN 42 U.S.C. 1396r (c)(3)(C); 42 U.S.C. 1395i (c)(3)(C);1
	78	+	42 CFR 483.10 (a), (b), AND (f); THE RIGHTS FOR ASSISTED LIVING2
	79	+	RESIDENTS SPECIFIED IN RULE PURSUANT TO SECTION 25-27-104; THE3
	80	+	RESTRICTIONS AND LIMITATIONS SPECIFIED BY A HEALTH-CARE FACILITY4
	81	+	PURSUANT TO SUBSECTION (3) OF THIS SECTION; RESTRICTIONS AND5
	82	+	LIMITATIONS SPECIFIED IN STATE OR LOCAL PUBLIC HEALTH ORDERS; AND6
	83	+	THE COMMUNICATIONS EXCEPTION SPECIFIED IN SECTION 25-1-120, IN7
	84	+	ADDITION TO HOSPITAL PATIENT VISITATION RIGHTS IN 42 CFR 482.13 (h),8
	85	+	A PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY HAVE AT LEAST9
	86	+	ONE VISITOR OF THE PATIENT'S OR RESIDENT'S CHOOSING DURING THE10
	87	+	PATIENT'S STAY OR RESIDENCY AT THE HEALTH -CARE FACILITY,11
	88	+	INCLUDING:12
65	89		(I) A
66		-	VISITOR TO PROVIDE A COMPASSIONATE CARE VISIT TO
67		-	ALLEVIATE THE PATIENT
68		-	'S OR RESIDENT'S PHYSICAL OR MENTAL DISTRESS;
	90	+	VISITOR TO PROVIDE A COMPASSIONATE CARE VISIT TO13
	91	+	ALLEVIATE THE PATIENT'S OR RESIDENT'S PHYSICAL OR MENTAL DISTRESS;14
69	92		(II) A
70		-	VISITOR OR SUPPORT PERSON DESIGNATED PURSUANT TO
71		-	SUBSECTION
72		-	(2)(b) OF THIS SECTION FOR A PATIENT OR RESIDENT WITH A
73		-	DISABILITY
74		-	; AND
75		-	(III) FOR A PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE , THE
76		-	PARENT OR LEGAL GUARDIAN OF
77		-	, OR THE PERSON STANDING IN LOCO
78		-	PARENTIS TO
79		-	, THE PATIENT.
	93	+	VISITOR OR SUPPORT PERSON DESIGNATED PURSUANT TO15
	94	+	SUBSECTION (2)(b) OF THIS SECTION FOR A PATIENT OR RESIDENT WITH A16
	95	+	DISABILITY; AND17
	96	+	(III) F
	97	+	OR A PATIENT WHO IS UNDER EIGHTEEN YEARS OF AGE , THE18
	98	+	PARENT OR LEGAL GUARDIAN OF , OR THE PERSON STANDING IN LOCO19
	99	+	PARENTIS TO, THE PATIENT.20
80	100		(b) (I) A
81		-	PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY
82		-	DESIGNATE
83		-	, ORALLY OR IN WRITING, A SUPPORT PERSON WHO SUPPORTS THE
84		-	PATIENT OR RESIDENT DURING THE COURSE OF THE PATIENT
85		-	'S STAY OR
86		-	RESIDENCY AT A HEALTH
87		-	-CARE FACILITY AND WHO MAY VISIT THE PATIENT
88		-	OR RESIDENT AND EXERCISE THE PATIENT
89		-	'S OR RESIDENT'S VISITATION
90		-	PAGE 2-SENATE BILL 22-053 RIGHTS ON BEHALF OF THE PATIENT OR RESIDENT WHEN THE PATIENT OR
91		-	RESIDENT IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE
92		-	.
	101	+	PATIENT OR RESIDENT OF A HEALTH-CARE FACILITY MAY21
	102	+	DESIGNATE, ORALLY OR IN WRITING, A SUPPORT PERSON WHO SUPPORTS22
	103	+	THE PATIENT OR RESIDENT DURING THE COURSE OF THE PATIENT 'S STAY OR23
	104	+	RESIDENCY AT A HEALTH -CARE FACILITY AND WHO MAY VISIT THE24
	105	+	PATIENT OR RESIDENT AND EXERCISE THE PATIENT 'S OR RESIDENT'S25
	106	+	VISITATION RIGHTS ON BEHALF OF THE PATIENT OR RESIDENT WHEN THE26
	107	+	PATIENT OR RESIDENT IS INCAPACITATED OR OTHERWISE UNABLE TO27
	108	+	053
	109	+	-3- COMMUNICATE.1
93	110		(II) W
94		-	HEN A PATIENT OR RESIDENT HAS NOT DESIGNATED A SUPPORT
95		-	PERSON PURSUANT TO SUBSECTION
96		-	(2)(b)(I) OF THIS SECTION AND IS
97		-	INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE THE PATIENT
98		-	'S
99		-	OR RESIDENT
100		-	'S WISHES AND AN INDIVIDUAL PROVIDES AN ADVANCE MEDICAL
101		-	DIRECTIVE DESIGNATING THE INDIVIDUAL AS THE PATIENT
102		-	'S OR RESIDENT'S
103		-	SUPPORT PERSON OR OTHER TERM INDICATING THE INDIVIDUAL IS
104		-	AUTHORIZED TO EXERCISE RIGHTS COVERED BY THIS SECTION ON BEHALF OF
105		-	THE PATIENT OR RESIDENT
106		-	, THE HEALTH-CARE FACILITY SHALL ACCEPT THIS
107		-	DESIGNATION AND ALLOW THE INDIVIDUAL TO EXERCISE THE PATIENT
108		-	'S OR
109		-	RESIDENT
110		-	'S VISITATION RIGHTS ON THE PATIENT'S OR RESIDENT'S BEHALF.
	111	+	HEN A PATIENT OR RESIDENT HAS NOT DESIGNATED A2
	112	+	SUPPORT PERSON PURSUANT TO SUBSECTION (2)(b)(I) OF THIS SECTION3
	113	+	AND IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE THE4
	114	+	PATIENT'S OR RESIDENT'S WISHES AND AN INDIVIDUAL PROVIDES AN5
	115	+	ADVANCE MEDICAL DIRECTIVE DESIGNATING THE INDIVIDUAL AS THE6
	116	+	PATIENT'S OR RESIDENT'S SUPPORT PERSON OR OTHER TERM INDICATING7
	117	+	THE INDIVIDUAL IS AUTHORIZED TO EXERCISE RIGHTS COVERED BY THIS8
	118	+	SECTION ON BEHALF OF THE PATIENT OR RESIDENT , THE HEALTH-CARE9
	119	+	FACILITY SHALL ACCEPT THIS DESIGNATION AND ALLOW THE INDIVIDUAL10
	120	+	TO EXERCISE THE PATIENT'S OR RESIDENT'S VISITATION RIGHTS ON THE11
	121	+	PATIENT'S OR RESIDENT'S BEHALF.12
111	122		(3) (a) C
112		-	ONSISTENT WITH 42 CFR 482.13 (h); 42 U.S.C.
113		-	1396r (c)(3)(C); 42
114		-	U.S.C. 1395i (c)(3)(C); 42 CFR 483.10 (a), (b), AND (f);
115		-	AND SECTION 25-27-104, A HEALTH-CARE FACILITY SHALL HAVE WRITTEN
116		-	POLICIES AND PROCEDURES REGARDING THE VISITATION RIGHTS OF PATIENTS
117		-	AND RESIDENTS
118		-	, INCLUDING POLICIES AND PROCEDURES SETTING FORTH ANY
119		-	NECESSARY OR REASONABLE RESTRICTION OR LIMITATION TO ENSURE
120		-	HEALTH AND SAFETY OF PATIENTS
121		-	, STAFF, OR VISITORS THAT THE
122		-	HEALTH
123		-	-CARE FACILITY MAY NEED TO PLACE ON PATIENT OR RESIDENT
124		-	VISITATION RIGHTS AND THE REASONS FOR THE RESTRICTION OR LIMITATION
125		-	.
126		-	(b) (I) D
127		-	URING A PERIOD WHEN THE RISK OF TRANSMISSION OF A
128		-	COMMUNICABLE DISEASE IS HEIGHTENED
129		-	, A HEALTH-CARE FACILITY MAY:
	123	+	ONSISTENT WITH
	124	+	42 CFR 482.13 (h); 42 U.S.C.13
	125	+	1396r (c)(3)(C); 42 U.S.C. 1395i (c)(3)(C); 42 CFR 483.10 (a), (b), AND14
	126	+	(f); AND SECTION 25-27-104, A HEALTH-CARE FACILITY SHALL HAVE15
	127	+	WRITTEN POLICIES AND PROCEDURES REGARDING THE VISITATION RIGHTS16
	128	+	OF PATIENTS AND RESIDENTS , INCLUDING POLICIES AND PROCEDURES17
	129	+	SETTING FORTH ANY NECESSARY OR REASONABLE RESTRICTION OR18
	130	+	LIMITATION TO ENSURE HEALTH AND SAFETY OF PATIENTS , STAFF, OR19
	131	+	VISITORS THAT THE HEALTH -CARE FACILITY MAY NEED TO PLACE ON20
	132	+	PATIENT OR RESIDENT VISITATION RIGHTS AND THE REASONS FOR THE21
	133	+	RESTRICTION OR LIMITATION.22
	134	+	(b) (I) DURING A PERIOD WHEN THE RISK OF TRANSMISSION OF A23
	135	+	COMMUNICABLE DISEASE IS HEIGHTENED , A HEALTH-CARE FACILITY24
	136	+	MAY:25
130	137		(A) R
131		-	EQUIRE VISITORS TO ENTER THE HEALTH -CARE FACILITY
132		-	THROUGH A SINGLE
133		-	, DESIGNATED ENTRANCE;
134		-	(B) D
135		-	ENY ENTRANCE TO A VISITOR WHO HAS KNOWN SYMPTOMS OF
136		-	THE COMMUNICABLE DISEASE AND SHOULD ENCOURAGE THE VISITOR TO
137		-	SEEK CARE
138		-	;
	138	+	EQUIRE VISITORS TO ENTER THE HEALTH -CARE FACILITY26
	139	+	THROUGH A SINGLE, DESIGNATED ENTRANCE;27
	140	+	053
	141	+	-4- (B) DENY ENTRANCE TO A VISITOR WHO HAS KNOWN SYMPTOMS1
	142	+	OF THE COMMUNICABLE DISEASE AND SHOULD ENCOURAGE THE VISITOR2
	143	+	TO SEEK CARE;3
139	144		(C) R
140		-	EQUIRE VISITORS TO USE MEDICAL MASKS, FACE COVERINGS, OR
141		-	OTHER PERSONAL PROTECTIVE EQUIPMENT WHILE ON THE HEALTH
142		-	-CARE
143		-	FACILITY PREMISES OR IN SPECIFIC AREAS OF THE HEALTH
144		-	-CARE FACILITY;
145		-	(D) F
146		-	OR A HOSPITAL, REQUIRE VISITORS TO SIGN A WAIVER
147		-	ACKNOWLEDGING THE RISKS OF ENTERING THE HEALTH
148		-	-CARE FACILITY,
149		-	PAGE 3-SENATE BILL 22-053 WAIVING ANY CLAIMS AGAINST THE HEALTH -CARE FACILITY IF THE VISITOR
150		-	CONTRACTS THE COMMUNICABLE DISEASE WHILE ON THE HEALTH
151		-	-CARE
152		-	FACILITY PREMISES
153		-	, AND ACKNOWLEDGING THAT MENACING AND PHYSICAL
154		-	ASSAULTS ON HEALTH
155		-	-CARE WORKERS AND OTHER EMPLOYEES OF THE
156		-	HEALTH
157		-	-CARE FACILITY WILL NOT BE TOLERATED , AND, IF SUCH ABUSE
158		-	OCCURS
159		-	, A HOSPITAL MAY RESTRICT THE VISITOR 'S CURRENT OR FUTURE
160		-	ACCESS
161		-	;
162		-	(E) F
163		-	OR ALL OTHER HEALTH-CARE FACILITIES, REQUIRE VISITORS TO
164		-	SIGN A DOCUMENT ACKNOWLEDGING THE RISKS OF ENTERING THE
165		-	HEALTH
166		-	-CARE FACILITY AND ACKNOWLEDGING THAT MENACING AND
167		-	PHYSICAL ASSAULTS ON HEALTH
168		-	-CARE WORKERS AND OTHER EMPLOYEES OF
169		-	THE HEALTH
170		-	-CARE FACILITY WILL NOT BE TOLERATED ;
171		-	(F) R
172		-	EQUIRE ALL VISITORS, BEFORE ENTERING THE HEALTH -CARE
173		-	FACILITY
174		-	, TO BE SCREENED FOR SYMPTOMS OF THE COMMUNICABLE DISEASE
175		-	AND DENY ENTRANCE TO ANY VISITOR WHO HAS SYMPTOMS OF THE
176		-	COMMUNICABLE DISEASE
177		-	;
178		-	(G) R
179		-	EQUIRE ALL VISITORS TO THE HEALTH -CARE FACILITY TO BE
180		-	TESTED FOR THE COMMUNICABLE DISEASE AND DENY ENTRY FOR THOSE WHO
181		-	HAVE A POSITIVE TEST RESULT
182		-	; AND
183		-	(H) RESTRICT THE MOVEMENT OF VISITORS WITHIN THE
184		-	HEALTH
185		-	-CARE FACILITY, INCLUDING RESTRICTING ACCESS TO WHERE
186		-	IMMUNOCOMPROMISED OR OTHERWISE VULNERABLE POPULATIONS ARE AT
187		-	GREATER RISK OF BEING HARMED BY A COMMUNICABLE DISEASE
188		-	.
189		-	(II) F
190		-	OR VISITATION OF A PATIENT OR RESIDENT WITH A
191		-	COMMUNICABLE DISEASE WHO IS ISOLATED
192		-	, THE HEALTH-CARE FACILITY
193		-	MAY
194		-	:
	145	+	EQUIRE VISITORS TO USE MEDICAL MASKS, FACE COVERINGS,4
	146	+	OR OTHER PERSONAL PROTECTIVE EQUIPMENT WHILE ON THE5
	147	+	HEALTH-CARE FACILITY PREMISES OR IN SPECIFIC AREAS OF THE6
	148	+	HEALTH-CARE FACILITY;
	149	+	7
	150	+	(D) FOR A HOSPITAL, REQUIRE VISITORS TO SIGN A WAIVER8
	151	+	ACKNOWLEDGING THE RISKS OF ENTERING THE HEALTH -CARE FACILITY,9
	152	+	WAIVING ANY CLAIMS AGAINST THE HEALTH -CARE FACILITY IF THE10
	153	+	VISITOR CONTRACTS THE COMMUNICABLE DISEASE WHILE ON THE11
	154	+	HEALTH-CARE FACILITY PREMISES, AND ACKNOWLEDGING THAT MENACING12
	155	+	AND PHYSICAL ASSAULTS ON HEALTH -CARE WORKERS AND OTHER13
	156	+	EMPLOYEES OF THE HEALTH -CARE FACILITY WILL NOT BE TOLERATED,14
	157	+	AND, IF SUCH ABUSE OCCURS, A HOSPITAL MAY RESTRICT THE VISITOR'S15
	158	+	CURRENT OR FUTURE ACCESS; AND16
	159	+	(E) FOR ALL OTHER HEALTH-CARE FACILITIES, REQUIRE VISITORS17
	160	+	TO SIGN A DOCUMENT ACKNOWLEDGING THE RISKS OF ENTERING THE18
	161	+	HEALTH-CARE FACILITY AND ACKNOWLEDGING THAT MENACING AND19
	162	+	PHYSICAL ASSAULTS ON HEALTH-CARE WORKERS AND OTHER EMPLOYEES20
	163	+	OF THE HEALTH-CARE FACILITY WILL NOT BE TOLERATED .21
	164	+	22
	165	+	(F) REQUIRE ALL VISITORS, BEFORE ENTERING THE HEALTH-CARE23
	166	+	FACILITY, TO BE SCREENED FOR SYMPTOMS OF THE COMMUNICABLE24
	167	+	DISEASE AND DENY ENTRANCE TO ANY VISITOR WHO HAS SYMPTOMS OF25
	168	+	THE COMMUNICABLE DISEASE; AND26
	169	+	(G) REQUIRE ALL VISITORS TO THE HEALTH-CARE FACILITY TO BE27
	170	+	053
	171	+	-5- TESTED FOR THE COMMUNICABLE DISEASE AND DENY ENTRY FOR THOSE1
	172	+	WHO HAVE A POSITIVE TEST RESULT; AND2
	173	+	(H) RESTRICT THE MOVEMENT OF VISITORS WITHIN THE3
	174	+	HEALTH-CARE FACILITY, INCLUDING RESTRICTING ACCESS TO WHERE4
	175	+	IMMUNOCOMPROMISED OR OTHERWISE VULNERABLE POPULATIONS ARE AT5
	176	+	GREATER RISK OF BEING HARMED BY A COMMUNICABLE DISEASE .6
	177	+	(II) FOR VISITATION OF A PATIENT OR RESIDENT WITH A7
	178	+	COMMUNICABLE DISEASE WHO IS ISOLATED , THE HEALTH-CARE FACILITY8
	179	+	MAY:9
195	180		(A) L
196		-	IMIT VISITATION TO ESSENTIAL CAREGIVERS WHO ARE HELPING
197		-	TO PROVIDE CARE TO THE PATIENT OR RESIDENT
198		-	;
	181	+	IMIT VISITATION TO ESSENTIAL CAREGIVERS WHO ARE10
	182	+	HELPING TO PROVIDE CARE TO THE PATIENT OR RESIDENT ;11
199	183		(B) L
200		-	IMIT VISITATION TO ONE CAREGIVER AT A TIME PER PATIENT OR
201		-	RESIDENT WITH A COMMUNICABLE DISEASE
202		-	;
	184	+	IMIT VISITATION TO ONE CAREGIVER AT A TIME PER PATIENT12
	185	+	OR RESIDENT WITH A COMMUNICABLE DISEASE ;13
203	186		(C) S
204		-	CHEDULE VISITORS TO ALLOW ADEQUATE TIME FOR SCREENING ,
205		-	EDUCATION, AND TRAINING OF VISITORS AND TO COMPLY WITH ANY LIMITS
206		-	PAGE 4-SENATE BILL 22-053 ON THE NUMBER OF VISITORS PERMITTED IN THE ISOLATED AREA AT ONE
207		-	TIME
208		-	; AND
209		-	(D) PROHIBIT THE PRESENCE OF VISITORS DURING
210		-	AEROSOL
211		-	-GENERATING PROCEDURES OR DURING COLLECTION OF
212		-	RESPIRATORY SPECIMENS
213		-	.
	187	+	CHEDULE VISITORS TO ALLOW ADEQUATE TIME FOR14
	188	+	SCREENING, EDUCATION, AND TRAINING OF VISITORS AND TO COMPLY WITH15
	189	+	ANY LIMITS ON THE NUMBER OF VISITORS PERMITTED IN THE ISOLATED16
	190	+	AREA AT ONE TIME;
	191	+	AND17
	192	+	18
	193	+	(D) PROHIBIT THE PRESENCE OF VISITORS DURING19
	194	+	AEROSOL-GENERATING PROCEDURES OR DURING COLLECTION OF20
	195	+	RESPIRATORY SPECIMENS.21
214	196		(4) I
215		-	F A HEALTH-CARE FACILITY REQUIRES , PURSUANT TO
216		-	SUBSECTION
217		-	(3) OF THIS SECTION, THAT A VISITOR USE A MEDICAL MASK ,
218		-	FACE COVERING, OR OTHER PERSONAL PROTECTIVE EQUIPMENT , OR TAKE A
219		-	TEST FOR A COMMUNICABLE DISEASE
220		-	, IN ORDER TO VISIT A PATIENT OR
221		-	RESIDENT AT THE HEALTH
222		-	-CARE FACILITY, NOTHING IN THIS SECTION:
	197	+	F A HEALTH-CARE FACILITY REQUIRES, PURSUANT TO22
	198	+	SUBSECTION (3) OF THIS SECTION, THAT A VISITOR USE A MEDICAL MASK,23
	199	+	FACE COVERING, OR OTHER PERSONAL PROTECTIVE
	200	+	EQUIPMENT, OR TAKE24
	201	+	A TEST FOR A COMMUNICABLE DISEASE, IN ORDER TO VISIT A PATIENT OR25
	202	+	RESIDENT AT THE HEALTH-CARE FACILITY, NOTHING IN THIS SECTION:26
223	203		(a) R
224		-	EQUIRES THE HEALTH-CARE FACILITY, IF THE REQUIRED
225		-	EQUIPMENT OR TEST IS NOT AVAILABLE DUE TO LACK OF SUPPLY
226		-	, TO ALLOW
227		-	A VISITOR TO ENTER THE FACILITY
228		-	;
	204	+	EQUIRES THE HEALTH-CARE FACILITY, IF THE REQUIRED27
	205	+	053
	206	+	-6- EQUIPMENT OR TEST IS NOT AVAILABLE DUE TO LACK OF SUPPLY , TO1
	207	+	ALLOW A VISITOR TO ENTER THE FACILITY;2
229	208		(b) R
230		-	EQUIRES THE HEALTH-CARE FACILITY TO SUPPLY THE REQUIRED
231		-	EQUIPMENT OR TEST TO THE VISITOR OR BEAR THE COST OF THE EQUIPMENT
232		-	FOR THE VISITOR
233		-	; OR
234		-	(c) PRECLUDES THE HEALTH-CARE FACILITY FROM SUPPLYING THE
235		-	REQUIRED EQUIPMENT OR TEST TO THE VISITOR
236		-	.
	209	+	EQUIRES THE HEALTH-CARE FACILITY TO SUPPLY THE3
	210	+	REQUIRED EQUIPMENT
	211	+	OR TEST TO THE VISITOR OR BEAR THE COST OF THE4
	212	+	EQUIPMENT FOR THE VISITOR; OR5
	213	+	(c) P
	214	+	RECLUDES THE HEALTH-CARE FACILITY FROM SUPPLYING THE6
	215	+	REQUIRED EQUIPMENT
	216	+	OR TEST TO THE VISITOR.7
237	217		(5) A
238		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
239		-	REQUIRES
240		-	:
	218	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
	219	+	REQUIRES:9
241	220		(a) "A
242		-	DVANCE MEDICAL DIRECTIVE" HAS THE SAME MEANING AS SET
243		-	FORTH IN SECTION
244		-	15-18.7-102 (2).
	221	+	DVANCE MEDICAL DIRECTIVE" HAS THE SAME MEANING AS10
	222	+	SET FORTH IN SECTION 15-18.7-102 (2).11
245	223		(b) "C
246		-	AREGIVER" MEANS A PARENT, SPOUSE, OR OTHER FAMILY
247		-	MEMBER OR FRIEND OF A PATIENT WHO PROVIDES CARE TO THE PATIENT
248		-	.
	224	+	AREGIVER" MEANS A PARENT, SPOUSE, OR OTHER FAMILY12
	225	+	MEMBER OR FRIEND OF A PATIENT WHO PROVIDES CARE TO THE PATIENT .13
249	226		(c) "C
250		-	OMMUNICABLE DISEASE " HAS THE SAME MEANING AS SET
251		-	FORTH IN SECTION
252		-	25-1.5-102 (1)(a)(IV).
	227	+	OMMUNICABLE DISEASE" HAS THE SAME MEANING AS SET14
	228	+	FORTH IN SECTION 25-1.5-102 (1)(a)(IV).15
253	229		(d) (I) "C
254		-	OMPASSIONATE CARE VISIT" MEANS A VISIT WITH A FRIEND
255		-	OR FAMILY MEMBER THAT IS NECESSARY TO MEET THE PHYSICAL OR MENTAL
256		-	NEEDS OF A PATIENT OR RESIDENT WHEN THE PATIENT OR RESIDENT IS
257		-	EXHIBITING SIGNS OF PHYSICAL OR MENTAL DISTRESS
258		-	, INCLUDING:
259		-	PAGE 5-SENATE BILL 22-053 (A) END-OF-LIFE SITUATIONS;
	230	+	OMPASSIONATE CARE VISIT" MEANS A VISIT WITH A16
	231	+	FRIEND OR FAMILY MEMBER THAT IS NECESSARY TO MEET THE PHYSICAL17
	232	+	OR MENTAL NEEDS OF A PATIENT OR RESIDENT WHEN THE PATIENT OR18
	233	+	RESIDENT IS EXHIBITING SIGNS OF PHYSICAL OR MENTAL DISTRESS ,19
	234	+	INCLUDING:20
	235	+	(A) E
	236	+	ND-OF-LIFE SITUATIONS;21
260	237		(B) A
261		-	DJUSTMENT SUPPORT AFTER MOVING TO A NEW FACILITY OR
262		-	ENVIRONMENT
263		-	;
	238	+	DJUSTMENT SUPPORT AFTER MOVING TO A NEW FACILITY OR22
	239	+	ENVIRONMENT;23
264	240		(C) E
265		-	MOTIONAL SUPPORT AFTER THE LOSS OF A FRIEND OR FAMILY
266		-	MEMBER
267		-	;
	241	+	MOTIONAL SUPPORT AFTER THE LOSS OF A FRIEND OR FAMILY24
	242	+	MEMBER;25
268	243		(D) P
269		-	HYSICAL SUPPORT AFTER EATING OR DRINKING ISSUES ,
270		-	INCLUDING WEIGHT LOSS OR DEHYDRATION ; OR
271		-	~~(E) SOCIAL SUPPORT AFTER FREQUENT CRYING , DISTRESS, OR~~
272		-	~~DEPRESSION~~
273		-	.
	244	+	HYSICAL SUPPORT AFTER EATING OR DRINKING ISSUES ,26
	245	+	INCLUDING WEIGHT LOSS OR DEHYDRATION ; OR27
	246	+	053
	247	+	-7- (E) SOCIAL SUPPORT AFTER FREQUENT CRYING , DISTRESS, OR1
	248	+	DEPRESSION.2
274	249		(II) "C
275		-	OMPASSIONATE CARE VISIT" INCLUDES A VISIT FROM:
	250	+	OMPASSIONATE CARE VISIT" INCLUDES A VISIT FROM:3
276	251		(A) A
277		-	CLERGY MEMBER OR LAYPERSON OFFERING RELIGIOUS OR
278		-	SPIRITUAL SUPPORT
279		-	; OR
280		-	(B) OTHER PERSONS REQUESTED BY THE PATIENT OR RESIDENT FOR
281		-	THE PURPOSE OF A COMPASSIONATE CARE VISIT
282		-	.
	252	+	CLERGY MEMBER OR LAYPERSON OFFERING RELIGIOUS OR4
	253	+	SPIRITUAL SUPPORT; OR5
	254	+	(B) O
	255	+	THER PERSONS REQUESTED BY THE PATIENT OR RESIDENT FOR6
	256	+	THE PURPOSE OF A COMPASSIONATE CARE VISIT .7
283	257		(e) "H
284		-	EALTH-CARE FACILITY" MEANS A HOSPITAL, NURSING CARE
285		-	FACILITY
286		-	, OR ASSISTED LIVING RESIDENCE LICENSED OR CERTIFIED BY THE
287		-	DEPARTMENT PURSUANT TO SECTION
288		-	25-3-101.
289		-	(f) "P
290		-	ATIENT OR RESIDENT WITH A DISABILITY" MEANS A PATIENT OR
291		-	RESIDENT WHO NEEDS ASSISTANCE TO EFFECTIVELY COMMUNICATE WITH
292		-	HEALTH
293		-	-CARE FACILITY STAFF, MAKE HEALTH-CARE DECISIONS, OR ENGAGE
294		-	IN ACTIVITIES OF DAILY LIVING DUE TO A DISABILITY SUCH AS
295		-	:
	258	+	EALTH-CARE FACILITY" MEANS A HOSPITAL, NURSING CARE8
	259	+	FACILITY, OR ASSISTED LIVING RESIDENCE LICENSED OR CERTIFIED BY THE9
	260	+	DEPARTMENT PURSUANT TO SECTION 25-3-101.10
	261	+	11
	262	+	(f) "PATIENT OR RESIDENT WITH A DISABILITY" MEANS A PATIENT12
	263	+	OR RESIDENT WHO NEEDS ASSISTANCE TO EFFECTIVELY COMMUNICATE13
	264	+	WITH HEALTH-CARE FACILITY STAFF, MAKE HEALTH-CARE DECISIONS, OR14
	265	+	ENGAGE IN ACTIVITIES OF DAILY LIVING DUE TO A DISABILITY SUCH AS :15
296	266		(I) A
297		-	PHYSICAL, INTELLECTUAL, BEHAVIORAL, OR COGNITIVE
298		-	DISABILITY
299		-	;
	267	+	PHYSICAL, INTELLECTUAL, BEHAVIORAL, OR COGNITIVE16
	268	+	DISABILITY;17
300	269		(II) D
301		-	EAFNESS, BEING HARD OF HEARING , OR OTHER
302		-	COMMUNICATION BARRIERS
303		-	;
	270	+	EAFNESS, BEING HARD OF HEARING , OR OTHER18
	271	+	COMMUNICATION BARRIERS ;19
304	272		(III) B
305		-	LINDNESS;
	273	+	LINDNESS;20
306	274		(IV) A
307		-	UTISM SPECTRUM DISORDER; OR
308		-	PAGE 6-SENATE BILL 22-053 (V) DEMENTIA.
309		-	SECTION 3. Appropriation. For the 2022-23 state fiscal year,
310		-	$45,409 is appropriated to the department of public health and environment
311		-	for use by the health facilities and emergency medical services division.
312		-	This appropriation is from the general fund and is based on an assumption
313		-	that the division will require an additional 0.6 FTE. To implement this act,
314		-	the division may use this appropriation for the nursing and acute care
315		-	facility survey.
316		-	SECTION 4. Safety clause. The general assembly hereby finds,
317		-	PAGE 7-SENATE BILL 22-053 determines, and declares that this act is necessary for the immediate
318		-	preservation of the public peace, health, or safety.
319		-	____________________________ ____________________________
320		-	Steve Fenberg Alec Garnett
321		-	PRESIDENT OF SPEAKER OF THE HOUSE
322		-	THE SENATE OF REPRESENTATIVES
323		-	____________________________ ____________________________
324		-	Cindi L. Markwell Robin Jones
325		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
326		-	THE SENATE OF REPRESENTATIVES
327		-	APPROVED________________________________________
328		-	(Date and Time)
329		-	_________________________________________
330		-	Jared S. Polis
331		-	GOVERNOR OF THE STATE OF COLORADO
332		-	PAGE 8-SENATE BILL 22-053
	275	+	UTISM SPECTRUM DISORDER; OR21
	276	+	(V) D
	277	+	EMENTIA.22
	278	+	SECTION
	279	+	3. Appropriation. For the 2022-23 state fiscal year,23
	280	+	$45,409 is appropriated to the department of public health and24
	281	+	environment for use by the health facilities and emergency medical25
	282	+	services division. This appropriation is from the general fund and is based26
	283	+	on an assumption that the division will require an additional 0.6 FTE. To27
	284	+	053
	285	+	-8- implement this act, the division may use this appropriation for the nursing1
	286	+	and acute care facility survey.2
	287	+	SECTION 4. Safety clause. The general assembly hereby finds,3
	288	+	determines, and declares that this act is necessary for the immediate4
	289	+	preservation of the public peace, health, or safety.5
	290	+	053
	291	+	-9-