CS/CS/HB 987 2022 CODING: Words stricken are deletions; words underlined are additions. hb0987-02-c2 Page 1 of 5 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 CODING: Words stricken are deletions; words underlined are additions. hb0987-02-c2 Page 2 of 5 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 29 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 CS/CS/HB 987 2022 CODING: Words stricken are deletions; words underlined are additions. hb0987-02-c2 Page 3 of 5 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 CS/CS/HB 987 2022 CODING: Words stricken are deletions; words underlined are additions. hb0987-02-c2 Page 4 of 5 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 CS/CS/HB 987 2022 CODING: Words stricken are deletions; words underlined are additions. hb0987-02-c2 Page 5 of 5 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 (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