Florida 2022 Regular Session

Florida House Bill H0987 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to in -person visitation; creating s. 2
16-408.823, F.S.; providing applicability; requiring 3
17-certain providers to establish visitation policies and 4
18-procedures within a specified timeframe; providing 5
19-requirements for such policies and procedures; 6
20-authorizing the resident, client, or patient to 7
21-designate an essential caregiver; establishing 8
22-requirements related to essential caregivers; 9
23-requiring in-person visitation in certain 10
24-circumstances; providing that the policies and 11
25-procedures may require vis itors to agree in writing to 12
26-follow such policies and procedures; authorizing 13
27-providers to suspend in -person visitation of specific 14
28-visitors under certain circumstances; requiring 15
29-providers to provide their policies and procedures to 16
30-the Agency for Health Care Administration at specified 17
31-times; requiring providers to make their policies and 18
32-procedures available to the agency for review at any 19
33-time, upon request; requiring providers to make their 20
34-policies and procedures easily accessible from the 21
35-homepage of their websites within a specified 22
36-timeframe; requiring the agency to dedicate a stand -23
37-alone page on its website for specified purposes; 24
38-providing a directive to the Division of Law Revision; 25
15+An act relating to in -person visitation by essential 2
16+caregivers; creating ss. 393.131, 400.026, and 3
17+429.276, F.S.; defining the term "essential 4
18+caregiver"; providing that a resident or client of a 5
19+residential facility, a developmental disabilities 6
20+center, a direct service provider, a nursing home 7
21+facility, or an assisted living facility has the right 8
22+to designate an essential caregiver; prohibiting such 9
23+facilities, centers, and providers from prohibiting 10
24+in-person visitation by a designated essential 11
25+caregiver; requiring the Agency for Persons with 12
26+Disabilities and the Agency for Health Care 13
27+Administration, as applicable, to develop guidelines 14
28+to assist facilities, centers, and providers in 15
29+establishing certain visitation policies and 16
30+procedures; providing r equirements for such 17
31+guidelines; authorizing facilities, centers, and 18
32+providers to revoke an individual's designation as an 19
33+essential caregiver under certain circumstances; 20
34+prohibiting safety protocols adopted for essential 21
35+caregivers from being more strin gent than safety 22
36+protocols established for staff of a facility, center, 23
37+or provider; authorizing facilities, centers, and 24
38+providers to suspend visits by essential caregivers 25
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4747 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
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51-providing an effective date. 26
52- 27
53-Be It Enacted by the Legislatu re of the State of Florida: 28
54- 29
55- Section 1. Section 408.823, Florida Statutes, is created 30
56-to read: 31
57- 408.823 In-person visitation.— 32
58- (1) This section applies to developmental disabilities 33
59-centers as defined in s. 393.063, hospitals licensed under 34
60-chapter 395, nursing home facilities licensed under part II of 35
61-chapter 400, hospice facilities licensed under part IV of 36
62-chapter 400, intermediate care facilities for the 37
63-developmentally disabled licensed and certified under part VIII 38
64-of chapter 400, and assisted living facilities licensed under 39
65-part I of chapter 429. 40
66- (2)(a) No later than 30 days after the effective date of 41
67-this act, each provider shall establish visitation policies and 42
68-procedures. The policies and procedures must, at a minimum, 43
69-include infection control and education policies for visitors; 44
70-screening, personal protective equipment, and other infection 45
71-control protocols for visitors; permissible length of visits and 46
72-numbers of visitors, which must meet or exceed the standards in 47
73-ss. 400.022(1)(b) and 429.28(1)(d), as applicable; and 48
74-designation of a person responsible for ensuring that staff 49
75-adhere to the policies and procedures. Safety -related policies 50
51+once for a specified period under certain 26
52+circumstances; requiring visitation poli cies to allow 27
53+for in-person visitation by essential caregivers 28
54+during a suspension on a case -by-case basis under 29
55+certain circumstances; requiring the applicable agency 30
56+to dedicate a webpage containing specified information 31
57+on its website; providing for con struction, 32
58+preemption, and rulemaking; providing an effective 33
59+date. 34
60+ 35
61+Be It Enacted by the Legislature of the State of Florida: 36
62+ 37
63+ Section 1. Section 393.131, Florida Statutes, is created 38
64+to read: 39
65+ 393.131 Essential caregivers; in -person visitation. 40
66+ (1) As used in this section, the term "essential 41
67+caregiver" means a family member, friend, guardian, or other 42
68+individual designated by a resident or client of a residential 43
69+facility, including, but not limited to, an intermediate care 44
70+facility for the developmentally disabled; a developmental 45
71+disabilities center; or a direct service provider for in -person 46
72+visits. 47
73+ (2)(a) A resident or client of a residential facility, a 48
74+developmental disabilities center, or a direct service provider, 49
75+or his or her guardian or legal representative, has the right to 50
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8484 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
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88-and procedures may not be more stringent than those established 51
89-for the provider's staff and may not require visitors to submit 52
90-proof of any vaccination or immunization. The policies and 53
91-procedures must allow consensual physical contact between a 54
92-resident, client, or patient and the visitor. 55
93- (b) A resident, client, or patient may designate a visitor 56
94-who is a family member, friend, guardian, or other individual as 57
95-an essential caregiver. The provider must allow in -person 58
96-visitation by the essential caregiver for at least 2 hours daily 59
97-in addition to any other visitation authorized by the provider. 60
98-This section does not require an essential caregiver to provide 61
99-necessary care to a resident, client, or patient of a provider 62
100-and providers may not require an essential caregiver to provide 63
101-such care. 64
102- (c) The visitation policies and procedures required by 65
103-this section must allow in -person visitation in all of the 66
104-following circumstances, unless the resident, client, or patient 67
105-objects: 68
106- 1. End-of-life situations. 69
107- 2. A resident, client, or patient who was living with 70
108-family before being admitted to the pr ovider's care is 71
109-struggling with the change in environment and lack of in -person 72
110-family support. 73
111- 3. The resident, client, or patient is making one or more 74
112-major medical decisions. 75
88+designate an essential caregiver. A facility, center, or 51
89+provider may not prohibit in -person visitation by a resident's 52
90+or client's designated essential caregiver. 53
91+ (b) Notwithstanding paragraph (a), the agenc y shall, by 54
92+rule, develop guidelines to assist residential facilities, 55
93+developmental disabilities centers, and direct service providers 56
94+in establishing essential caregiver visitation policies and 57
95+procedures. The guidelines must require facilities, centers, and 58
96+providers to do all of the following: 59
97+ 1. Allow a resident or client, or his or her guardian or 60
98+legal representative, to designate an essential caregiver for 61
99+in-person visitation in the same manner that a resident or 62
100+client would designate a power of attorney. 63
101+ 2. Establish a visitation schedule allowing the essential 64
102+caregiver to visit the resident or client for at least 2 hours 65
103+each day. 66
104+ 3. Establish procedures to enable physical contact between 67
105+the resident or client and essential caregiver. 68
106+ 4. Obtain the signature of the essential caregiver 69
107+certifying that the caregiver agrees to follow the facility's, 70
108+center's, or provider's safety protocols, as applicable, and any 71
109+other rules adopted under this section. 72
110+ 5. Establish a visitor's log. 73
111+ (c) A residential facility, developmental disabilities 74
112+center, or direct service provider may revoke an individual's 75
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121121 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
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125- 4. A resident, client, or patient is experiencing 76
126-emotional distress or grieving the loss of a friend or family 77
127-member who recently died. 78
128- 5. A resident, client, or patient needs cueing or 79
129-encouragement to eat or drink which was previously provided by a 80
130-family member or caregiver. 81
131- 6. A resident, client, or patient who used to talk and 82
132-interact with others is seldom speaking. 83
133- 7. For hospitals, childbirth, including labor and 84
134-delivery. 85
135- 8. Pediatric patients. 86
136- (d) The policies and procedures may require a visitor to 87
137-agree in writing to follow the provider's policies and 88
138-procedures. A provider may suspend in -person visitation of a 89
139-specific visitor if the visitor violates the provider's policies 90
140-and procedures. 91
141- (e) The providers shall provide their visitation policies 92
142-and procedures to the agency when applying for initial 93
143-licensure, licensure renewal, or change of ownership. The 94
144-provider must make the visitation policies and procedures 95
145-available to the agency for review at any time, upon request. 96
146- (f) Within 24 hours after establishing the policies and 97
147-procedures required under this section, providers must make such 98
148-policies and procedures easily accessible from the homepage of 99
149-their websites. 100
125+designation as an essential caregiver if the caregiver violates 76
126+the facility's, center's, or provider's safety protocols or 77
127+rules adopted under this section. The safety protocols adopted 78
128+by the facility, center, or provider for an essential caregiver 79
129+may not be more stringent than the safety protocols established 80
130+for the staff of the facility, center, or provider. 81
131+ (d) A residential facility, de velopmental disabilities 82
132+center, or direct service provider may suspend in -person visits 83
133+by essential caregivers once for no more than 7 days if in -84
134+person visitation poses a serious health risk to the residents 85
135+or clients of the facility, center, or provid er. In the event of 86
136+a suspension, the visitation policy required by this section 87
137+must allow for in-person visitation by an essential caregiver on 88
138+a case-by-case basis during the suspension in all of the 89
139+following circumstances: 90
140+ 1. End-of-life situations. 91
141+ 2. A resident or client who was living with his or her 92
142+family before recently being admitted to the facility or center 93
143+is struggling with the change in environment and lack of 94
144+physical family support. 95
145+ 3. A resident or client is grieving the loss of a friend 96
146+or family member who recently died. 97
147+ 4. A resident or client needs cueing or encouragement to 98
148+eat or drink which was previously provided by a family member or 99
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158157 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
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162- (3) The agency shall dedicate a stand -alone page on its 101
163-website to explain the visitation requirements of this section 102
164-and provide a link to the agency's webpage to report complaints. 103
165- Section 2. The Division of Law Revision is directed to 104
166-replace the phrase "30 days after the effective date of this 105
167-act" wherever it occurs in this act with the date 30 days after 106
168-this act becomes a law. 107
169- Section 3. This act shall take effect upon becoming a law. 108
161+caregiver, and the resident or client is experiencing weight 100
162+loss or dehydration. 101
163+ 5. A resident or client who used to talk and interact with 102
164+others is experiencing emotional distress, is seldom speaking, 103
165+or is crying more frequently than he or she did previously. 104
166+ 6. Any other circumstance the agency deems appropriate. 105
167+ (3) The agency must dedicate a webpage on its website to 106
168+explain visitation rights authorized under this section. 107
169+ (4) This section does not require an essential caregiver 108
170+to provide necessary care to a resident or client of a 109
171+residential facility, developmental disabilitie s center, or 110
172+direct service provider and such facility, center, or provider 111
173+may not require an essential caregiver to provide necessary care 112
174+to the resident or client. 113
175+ (5) This section prevails over any conflicting or 114
176+inconsistent provisions of law. 115
177+ (6) The agency shall adopt rules to implement this 116
178+section. 117
179+ Section 2. Section 400.026, Florida Statutes, is created 118
180+to read: 119
181+ 400.026 Essential caregivers; in -person visitation.— 120
182+ (1) As used in this section, the term "essential 121
183+caregiver" means a fam ily member, friend, guardian, or other 122
184+individual designated by a resident for in -person visits. 123
185+
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193+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
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197+ (2)(a) A resident of a nursing home facility, or his or 124
198+her guardian or legal representative, has the right to designate 125
199+an essential caregiver. A facility m ay not prohibit in-person 126
200+visitation by a resident's designated essential caregiver. 127
201+ (b) Notwithstanding paragraph (a), the agency shall, by 128
202+rule, develop guidelines to assist nursing home facilities in 129
203+establishing essential caregiver visitation policie s and 130
204+procedures. The guidelines must require the facilities to do all 131
205+of the following: 132
206+ 1. Allow a resident, or his or her guardian or legal 133
207+representative, to designate an essential caregiver for in -134
208+person visitation in the same manner that a resident would 135
209+designate a power of attorney. 136
210+ 2. Establish a visitation schedule allowing the essential 137
211+caregiver to visit the resident for at least 2 hours each day. 138
212+ 3. Establish procedures to enable physical contact between 139
213+the resident and essential caregive r. 140
214+ 4. Obtain the signature of the essential caregiver 141
215+certifying that the caregiver agrees to follow the facility's 142
216+safety protocols and any other rules adopted under this section. 143
217+ 5. Establish a visitor's log. 144
218+ (c) A nursing home facility may revoke an individual's 145
219+designation as an essential caregiver if the caregiver violates 146
220+the facility's safety protocols or rules adopted under this 147
221+section. The safety protocols adopted by a nursing home facility 148
222+
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234+for an essential caregiver may not be more stringen t than safety 149
235+protocols established for the facility's staff. 150
236+ (d) A nursing home facility may suspend in -person visits 151
237+by essential caregivers once for no more than 7 days if in -152
238+person visitation poses a serious health risk to the residents 153
239+of the facility. In the event of a suspension, the visitation 154
240+policy required by this section must allow for in -person 155
241+visitation by an essential caregiver on a case -by-case basis 156
242+during the suspension in all of the following circumstances: 157
243+ 1. End-of-life situations. 158
244+ 2. A resident who was living with his or her family before 159
245+recently being admitted to the facility is struggling with the 160
246+change in environment and lack of physical family support. 161
247+ 3. A resident is grieving the loss of a friend or family 162
248+member who recently died. 163
249+ 4. A resident needs cueing or encouragement to eat or 164
250+drink which was previously provided by a family member or 165
251+caregiver, and the resident is experiencing weight loss or 166
252+dehydration. 167
253+ 5. A resident who used to talk and interact with others is 168
254+experiencing emotional distress, is seldom speaking, or is 169
255+crying more frequently than he or she did previously. 170
256+ 6. Any other circumstance the agency deems appropriate. 171
257+ (3) The agency must dedicate a webpage on its website to 172
258+explain visitation rights authorized under this section. 173
259+
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267+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
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271+ (4) This section does not require an essential caregiver 174
272+to provide necessary care to a resident and a nursing home 175
273+facility may not require an essential caregiver to provide 176
274+necessary care to the resident. 177
275+ (5) This section prevails over any conflicting or 178
276+inconsistent provisions of law. 179
277+ (6) The agency shall adopt rules to implement this 180
278+section. 181
279+ Section 3. Section 429.276, Florida Statutes, is created 182
280+to read: 183
281+ 429.276 Essential caregivers; in -person visitation.— 184
282+ (1) As used in this section, the term "essential 185
283+caregiver" means a family member, friend, guardian, or other 186
284+individual designated by a resident for in -person visits. 187
285+ (2)(a) A resident of an assisted living facility, or his 188
286+or her guardian or legal representative, has the right to 189
287+designate an essential caregiver. A facility may not prohibit 190
288+in-person visitation by the resident's designated essential 191
289+caregiver. 192
290+ (b) Notwithstanding paragraph (a), the agency shall, by 193
291+rule, develop guidelines to assist assisted living facilities in 194
292+establishing essential caregiver visitation policies and 195
293+procedures. The guidelines must require the facilities to do all 196
294+of the following: 197
295+
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303+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
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307+ 1. Allow a resident, or his or her guardian or legal 198
308+representative, to de signate an essential caregiver for in -199
309+person visitation in the same manner that a resident would 200
310+designate a power of attorney. 201
311+ 2. Establish a visitation schedule allowing the essential 202
312+caregiver to visit the resident for at least 2 hours each day. 203
313+ 3. Establish procedures to enable physical contact between 204
314+the resident and essential caregiver. 205
315+ 4. Obtain the signature of the essential caregiver 206
316+certifying that the caregiver agrees to follow the facility's 207
317+safety protocols and any other rules adopted un der this section. 208
318+ 5. Establish a visitor's log. 209
319+ (c) An assisted living facility may revoke an individual's 210
320+designation as an essential caregiver if the caregiver violates 211
321+the facility's safety protocols or rules adopted under this 212
322+section. The safety p rotocols adopted by an assisted living 213
323+facility for an essential caregiver may not be more stringent 214
324+than safety protocols established for the facility's staff. 215
325+ (d) An assisted living facility may suspend in -person 216
326+visits by essential caregivers once for no more than 7 days if 217
327+in-person visitation poses a serious health risk to the 218
328+residents of the facility. In the event of a suspension, the 219
329+visitation policy required by this section must allow for in -220
330+person visitation by an essential caregiver on a case -by-case 221
331+
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339+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
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343+basis during the suspension in all of the following 222
344+circumstances: 223
345+ 1. End-of-life situations. 224
346+ 2. A resident who was living with his or her family before 225
347+recently being admitted to the facility is struggling with the 226
348+change in environment and la ck of physical family support. 227
349+ 3. A resident is grieving the loss of a friend or family 228
350+member who recently died. 229
351+ 4. A resident needs cueing or encouragement to eat or 230
352+drink which was previously provided by a family member or 231
353+caregiver, and the residen t is experiencing weight loss or 232
354+dehydration. 233
355+ 5. A resident who used to talk and interact with others is 234
356+experiencing emotional distress, is seldom speaking, or is 235
357+crying more frequently than he or she did previously. 236
358+ 6. Any other circumstance the agen cy deems appropriate. 237
359+ (3) The agency must dedicate a webpage on its website to 238
360+explain visitation rights authorized under this section. 239
361+ (4) This section does not require an essential caregiver 240
362+to provide necessary care to a resident and an assisted liv ing 241
363+facility may not require an essential caregiver to provide 242
364+necessary care to the resident. 243
365+ (5) This section prevails over any conflicting or 244
366+inconsistent provisions of law. 245
367+ (6) The agency shall adopt rules to implement this 246
368+
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376+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
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381+ Section 4. This act shall take effect July 1, 2022. 248