O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
Page 1
PA 21-71—sHB 6634
Human Services Committee
AN ACT CONCERNING ES SENTIAL SUPPORT PERS ONS AND A
STATE-WIDE VISITATION POLI CY FOR RESIDENTS OF LONG-
TERM CARE FACILITIES
SUMMARY: This act allows long-term care facility residents, or their
representatives, to designate a primary and a secondary “essential support person”
who may visit the resident despite general visitation restrictions for other visitors.
The act applies to residents in nursing homes and managed residential
communities that provide assisted living services.
The act also requires the Department of Public Health (DPH) commissioner to
establish a statewide policy for visiting long-term care residents. If there is a
declared public health emergency, the commissioner must establish visitation
requirements that incorporate a resident’s need for essential support from an
essential support person and other visitors.
By law, the State Long-Term Care Ombudsman’s duties include providing
services to protect the health, safety, welfare, and rights of long-term care facility
residents. The act specifies that this includes services designed to address the
impact of socialization, visitation, and the role of essential support persons on the
residents’ health, safety, and well-being.
EFFECTIVE DATE: Upon passage
ESSENTIAL SUPPORT PERSON
Under the act, an “essential support person” is someone a resident or his or
her representative designates who may visit with the resident in accordance with
rules established by the DPH commissioner to provide essential support as
reflected in the resident’s person-centered care plan. “Essential support” includes
(1) assisting with activities of daily living and (2) providing physical, emotional,
psychological, and socialization support. A secondary essential support person
serves as the primary’s backup.
The act allows for a primary or secondary essential support person to visit a
resident despite general visitation restrictions for other visitors as long as they
follow the rules DPH establishes under a statewide visitation policy (see below).
STATEWIDE VISITATION POLICY
The act requires the DPH commissioner to establish a statewide policy for
visiting long-term care facility residents of nursing homes and managed
residential communities that provide assisted living services (long-term care
facilities). The policy must apply to all these facilities and incorporate a resident’s O L R P U B L I C A C T S U M M A R Y
Page 2 of 2
need for health, safety, and well-being, including essential support from an
essential support person.
Public Health Emergencies
If the governor declares a public health emergency, the act requires the DPH
commissioner to establish requirements, in accordance with applicable federal
requirements and guidance, for visitation with long-term care facility residents.
The requirements must (1) incorporate a resident’s need for essential support from
an essential support person and other visitors and (2) include the circumstances, if
any, under which a facility may restrict visitors, including essential support
persons.
Under the act, the requirements must address the following topics:
1. arrangements for visiting a resident through various means, including (a)
outdoor visitation, (b) virtual visitation through technology, and (c) indoor
visitation allowed whether or not the resident is nearing the end of life, as
determined by attending health care professionals;
2. a resident’s needs for physical, emotional, psychological, and socialization
support based on his or her person-centered care plan (which the resident
or representative develops in consultation with health professionals);
3. safety protocols for all visitors to a facility if a communicable disease
outbreak or a public health emergency declaration occurs;
4. permission for an essential support person to visit with a resident despite
general visitation restrictions, as long as (a) the essential support person
complies with the commissioner’s safety protocols and (b) the
commissioner determines that visitation will benefit the resident’s health,
safety, and well-being; and
5. a requirement that facility staff work with residents, their representatives,
family members, or the State Ombudsman to identify an essential support
person and provide him or her with access to the resident if a resident has
not designated one.