| 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 |
|---|
| 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 |
|---|
| 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 |
|---|
| 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 |
|---|
| 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 | + | |
|---|
| 186 | + | CS/HB 987 2022 |
|---|
| 187 | + | |
|---|
| 188 | + | |
|---|
| 189 | + | |
|---|
| 190 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 191 | + | hb0987-01-c1 |
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| 192 | + | Page 6 of 11 |
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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 |
|---|
| 194 | + | |
|---|
| 195 | + | |
|---|
| 196 | + | |
|---|
| 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 | + | |
|---|
| 223 | + | CS/HB 987 2022 |
|---|
| 224 | + | |
|---|
| 225 | + | |
|---|
| 226 | + | |
|---|
| 227 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 228 | + | hb0987-01-c1 |
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| 229 | + | Page 7 of 11 |
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| 230 | + | 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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| 231 | + | |
|---|
| 232 | + | |
|---|
| 233 | + | |
|---|
| 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 | + | |
|---|
| 260 | + | CS/HB 987 2022 |
|---|
| 261 | + | |
|---|
| 262 | + | |
|---|
| 263 | + | |
|---|
| 264 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 265 | + | hb0987-01-c1 |
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| 266 | + | Page 8 of 11 |
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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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| 268 | + | |
|---|
| 269 | + | |
|---|
| 270 | + | |
|---|
| 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 | + | |
|---|
| 296 | + | CS/HB 987 2022 |
|---|
| 297 | + | |
|---|
| 298 | + | |
|---|
| 299 | + | |
|---|
| 300 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 301 | + | hb0987-01-c1 |
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| 302 | + | Page 9 of 11 |
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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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| 304 | + | |
|---|
| 305 | + | |
|---|
| 306 | + | |
|---|
| 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 |
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| 322 | + | section. The safety p rotocols adopted by an assisted living 213 |
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| 323 | + | facility for an essential caregiver may not be more stringent 214 |
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| 324 | + | than safety protocols established for the facility's staff. 215 |
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| 325 | + | (d) An assisted living facility may suspend in -person 216 |
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| 326 | + | visits by essential caregivers once for no more than 7 days if 217 |
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| 327 | + | in-person visitation poses a serious health risk to the 218 |
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| 328 | + | residents of the facility. In the event of a suspension, the 219 |
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| 329 | + | visitation policy required by this section must allow for in -220 |
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| 330 | + | person visitation by an essential caregiver on a case -by-case 221 |
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| 331 | + | |
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| 332 | + | CS/HB 987 2022 |
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| 333 | + | |
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| 334 | + | |
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| 335 | + | |
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| 336 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 337 | + | hb0987-01-c1 |
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| 338 | + | Page 10 of 11 |
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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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| 340 | + | |
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| 341 | + | |
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| 342 | + | |
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| 343 | + | basis during the suspension in all of the following 222 |
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| 344 | + | circumstances: 223 |
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| 345 | + | 1. End-of-life situations. 224 |
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| 346 | + | 2. A resident who was living with his or her family before 225 |
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| 347 | + | recently being admitted to the facility is struggling with the 226 |
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| 348 | + | change in environment and la ck of physical family support. 227 |
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| 349 | + | 3. A resident is grieving the loss of a friend or family 228 |
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| 350 | + | member who recently died. 229 |
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| 351 | + | 4. A resident needs cueing or encouragement to eat or 230 |
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| 352 | + | drink which was previously provided by a family member or 231 |
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| 353 | + | caregiver, and the residen t is experiencing weight loss or 232 |
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| 354 | + | dehydration. 233 |
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| 355 | + | 5. A resident who used to talk and interact with others is 234 |
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| 356 | + | experiencing emotional distress, is seldom speaking, or is 235 |
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| 357 | + | crying more frequently than he or she did previously. 236 |
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| 358 | + | 6. Any other circumstance the agen cy deems appropriate. 237 |
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| 359 | + | (3) The agency must dedicate a webpage on its website to 238 |
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| 360 | + | explain visitation rights authorized under this section. 239 |
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| 361 | + | (4) This section does not require an essential caregiver 240 |
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| 362 | + | to provide necessary care to a resident and an assisted liv ing 241 |
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| 363 | + | facility may not require an essential caregiver to provide 242 |
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| 364 | + | necessary care to the resident. 243 |
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| 365 | + | (5) This section prevails over any conflicting or 244 |
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| 366 | + | inconsistent provisions of law. 245 |
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| 367 | + | (6) The agency shall adopt rules to implement this 246 |
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| 368 | + | |
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| 369 | + | CS/HB 987 2022 |
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| 370 | + | |
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| 371 | + | |
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| 372 | + | |
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| 373 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 374 | + | hb0987-01-c1 |
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| 375 | + | Page 11 of 11 |
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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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| 377 | + | |
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| 378 | + | |
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| 379 | + | |
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| 380 | + | section. 247 |
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| 381 | + | Section 4. This act shall take effect July 1, 2022. 248 |
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