CS/CS/HB 987 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to in -person visitation; creating s. 2
408.823, F.S.; providing applicability; requiring 3
certain providers to establish visitation policies and 4
procedures within a specified timeframe; providing 5
requirements for such policies and procedures; 6
authorizing the resident, client, or patient to 7
designate an essential caregiver; establishing 8
requirements related to essential caregivers; 9
requiring in-person visitation in certain 10
circumstances; providing that the policies and 11
procedures may require vis itors to agree in writing to 12
follow such policies and procedures; authorizing 13
providers to suspend in -person visitation of specific 14
visitors under certain circumstances; requiring 15
providers to provide their policies and procedures to 16
the Agency for Health Care Administration at specified 17
times; requiring providers to make their policies and 18
procedures available to the agency for review at any 19
time, upon request; requiring providers to make their 20
policies and procedures easily accessible from the 21
homepage of their websites within a specified 22
timeframe; requiring the agency to dedicate a stand -23
alone page on its website for specified purposes; 24
providing a directive to the Division of Law Revision; 25
CS/CS/HB 987 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing an effective date. 26
27
Be It Enacted by the Legislatu re of the State of Florida: 28
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Section 1. Section 408.823, Florida Statutes, is created 30
to read: 31
408.823 In-person visitation.— 32
(1) This section applies to developmental disabilities 33
centers as defined in s. 393.063, hospitals licensed under 34
chapter 395, nursing home facilities licensed under part II of 35
chapter 400, hospice facilities licensed under part IV of 36
chapter 400, intermediate care facilities for the 37
developmentally disabled licensed and certified under part VIII 38
of chapter 400, and assisted living facilities licensed under 39
part I of chapter 429. 40
(2)(a) No later than 30 days after the effective date of 41
this act, each provider shall establish visitation policies and 42
procedures. The policies and procedures must, at a minimum, 43
include infection control and education policies for visitors; 44
screening, personal protective equipment, and other infection 45
control protocols for visitors; permissible length of visits and 46
numbers of visitors, which must meet or exceed the standards in 47
ss. 400.022(1)(b) and 429.28(1)(d), as applicable; and 48
designation of a person responsible for ensuring that staff 49
adhere to the policies and procedures. Safety -related policies 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and procedures may not be more stringent than those established 51
for the provider's staff and may not require visitors to submit 52
proof of any vaccination or immunization. The policies and 53
procedures must allow consensual physical contact between a 54
resident, client, or patient and the visitor. 55
(b) A resident, client, or patient may designate a visitor 56
who is a family member, friend, guardian, or other individual as 57
an essential caregiver. The provider must allow in -person 58
visitation by the essential caregiver for at least 2 hours daily 59
in addition to any other visitation authorized by the provider. 60
This section does not require an essential caregiver to provide 61
necessary care to a resident, client, or patient of a provider 62
and providers may not require an essential caregiver to provide 63
such care. 64
(c) The visitation policies and procedures required by 65
this section must allow in -person visitation in all of the 66
following circumstances, unless the resident, client, or patient 67
objects: 68
1. End-of-life situations. 69
2. A resident, client, or patient who was living with 70
family before being admitted to the pr ovider's care is 71
struggling with the change in environment and lack of in -person 72
family support. 73
3. The resident, client, or patient is making one or more 74
major medical decisions. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4. A resident, client, or patient is experiencing 76
emotional distress or grieving the loss of a friend or family 77
member who recently died. 78
5. A resident, client, or patient needs cueing or 79
encouragement to eat or drink which was previously provided by a 80
family member or caregiver. 81
6. A resident, client, or patient who used to talk and 82
interact with others is seldom speaking. 83
7. For hospitals, childbirth, including labor and 84
delivery. 85
8. Pediatric patients. 86
(d) The policies and procedures may require a visitor to 87
agree in writing to follow the provider's policies and 88
procedures. A provider may suspend in -person visitation of a 89
specific visitor if the visitor violates the provider's policies 90
and procedures. 91
(e) The providers shall provide their visitation policies 92
and procedures to the agency when applying for initial 93
licensure, licensure renewal, or change of ownership. The 94
provider must make the visitation policies and procedures 95
available to the agency for review at any time, upon request. 96
(f) Within 24 hours after establishing the policies and 97
procedures required under this section, providers must make such 98
policies and procedures easily accessible from the homepage of 99
their websites. 100
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(3) The agency shall dedicate a stand -alone page on its 101
website to explain the visitation requirements of this section 102
and provide a link to the agency's webpage to report complaints. 103
Section 2. The Division of Law Revision is directed to 104
replace the phrase "30 days after the effective date of this 105
act" wherever it occurs in this act with the date 30 days after 106
this act becomes a law. 107
Section 3. This act shall take effect upon becoming a law. 108