HLS 21RS-102 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 426
BY REPRESENTATIVE AMEDEE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE/FACILITIES: Provides relative to visitation of nursing home residents
and assisted living facility residents by persons designated as essential caregivers or
compassionate care visitors
1 AN ACT
2To amend and reenact R.S. 40:2009.4(A)(introductory paragraph) and to enact R.S.
3 40:2009.4(A)(8), 2009.24, 2010.8(A)(2)(b)(ix) and (x), 2166.5(B)(13), and 2166.11,
4 relative to licensed nursing homes and licensed adult residential care provider
5 facilities; to provide for visitation of residents of such licensed facilities by persons
6 designated as essential caregivers or compassionate care visitors; to provide for
7 definitions; to provide conditions and requirements relative to visitation of facility
8 residents by essential caregivers and compassionate care visitors; to provide for
9 duties of nursing homes and adult residential care providers with respect to such
10 visitation; to provide relative to visitation of nursing home residents and adult
11 residential care facility residents by essential caregivers and compassionate care
12 visitors during a state of public health emergency; to provide for administrative
13 rulemaking by the Louisiana Department of Health; and to provide for related
14 matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 40:2009.4(A)(introductory paragraph) is hereby amended and
17reenacted and R.S. 40:2009.4(A)(8), 2009.24, 2010.8(A)(2)(b)(ix) and (x), 2166.5(B)(13),
18and 2166.11 are hereby enacted to read as follows:
19 §2009.4. Standards prescribed
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1 A. The department, through rules promulgated in accordance with the
2 Administrative Procedure Act, shall prescribe and publish minimum standards in
3 relation to all of the following:
4 * * *
5 (8) Visitation of residents by essential caregivers and compassionate care
6 visitors in accordance with the conditions and requirements of R.S. 40:2009.24.
7 * * *
8 §2009.24. Essential caregivers and compassionate care visitors; visitation during
9 public health emergency
10 A. For purposes of this Section, the following terms have the meaning
11 ascribed in this Subsection:
12 (1) "Compassionate care visitor" means a person who provides emotional
13 support to help a nursing home resident deal with a difficult transition or loss, an
14 upsetting event, or end-of-life circumstances.
15 (2) "Essential caregiver" means a person who has been given consent by a
16 nursing home resident or the resident's legal representative to provide services or
17 assistance with activities of daily living to help maintain or improve the quality of
18 the resident's care or the resident's quality of life.
19 (3) "Public health emergency" means a state of public health emergency
20 declared in accordance with the Louisiana Health Emergency Powers Act, R.S.
21 29:760 et seq.
22 B.(1) Any nursing home resident's plan of care or service plan shall identify
23 care and services that the resident's essential caregivers may provide. Such care and
24 services may include, without limitation, bathing, dressing, eating, and emotional
25 support.
26 (2) Each nursing home shall establish policies and procedures for
27 designation and utilization of essential caregivers and compassionate care visitors.
28 C. Each nursing home resident or his legal representative may designate no
29 more than two essential caregivers and no more than two compassionate care
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HB NO. 426
1 visitors. Other than in end-of-life situations, during a public health emergency, a
2 resident may be visited by one such visitor at a time.
3 D. With respect to visits by essential caregivers and compassionate care
4 visitors during a public health emergency, each nursing home shall do all of the
5 following:
6 (1) Set a limit on the total number of visitors allowed in the nursing home
7 based on the ability of staff to safely screen and monitor visitation.
8 (2) Develop an agreeable schedule in concert with the resident and each
9 essential caregiver and compassionate care visitor who wishes to visit the resident.
10 Any such schedule shall allow for evening and weekend visitation and, to the
11 greatest extent practicable, accommodate barriers relating to work or child care
12 obligations of the essential caregiver or compassionate care visitor.
13 (3) Provide appropriate infection prevention and control training, such as
14 training on the proper use of personal protective equipment, hand hygiene, and social
15 distancing.
16 (4) Screen all visitors, including essential caregivers, compassionate care
17 visitors, and other visitors, to prevent possible introduction of infectious disease.
18 (5) Maintain a visitor log and require essential caregivers and compassionate
19 care visitors to sign in and out.
20 (6) Prohibit visits, except for compassionate care visits, if the resident is
21 quarantined or if the resident is positive for or shows symptoms of any infectious
22 disease to which the public health emergency relates.
23 (7) Monitor visitor adherence to appropriate infection prevention and control
24 procedures.
25 (8) After attempts to mitigate concerns relating to an essential caregiver's or
26 compassionate care visitor's behavior, restrict or revoke visitation by an essential
27 caregiver or compassionate care visitor if that person fails to follow infection
28 prevention and control requirements or other applicable rules of the nursing home.
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HB NO. 426
1 E.(1) Each essential caregiver and compassionate care visitor shall do all of
2 the following prior to visiting a nursing home resident during a public health
3 emergency:
4 (a) Participate in training furnished by the nursing home on appropriate
5 infection prevention and control procedures such as the use of personal protective
6 equipment, hand sanitizing, and social distancing, and sign a form acknowledging
7 that he has completed the training and will adhere to the facility’s infection
8 prevention and control policies.
9 (b) Subject to the provisions of Subsection F of this Section, comply with
10 facility-provided testing, if offered, for any disease to which the public health
11 emergency relates.
12 (2) When visiting a nursing home resident, each essential caregiver and
13 compassionate care visitor shall do all of the following:
14 (a) Utilize appropriate procedures for infection prevention and control,
15 which may include wearing personal protective equipment. Personal protective
16 equipment requirements for essential caregivers and compassionate care visitors
17 shall be consistent with the most recent guidance issued by the Centers for Disease
18 Control and Prevention for nursing home care staff.
19 (b) Provide care or visit in the resident’s room or in an area within the
20 building designated by the nursing home for this purpose.
21 (c) Maintain the requisite social distance from nursing home staff and other
22 residents and limit movement in the facility in accordance with applicable
23 requirements of the nursing home.
24 F. A nursing home may require essential caregivers and compassionate care
25 visitors to submit to facility-provided testing for any disease to which the public
26 health emergency relates if the use of such testing is based on the most recent
27 guidance issued by the Centers for Disease Control and Prevention and the U.S. Food
28 and Drug Administration.
29 * * *
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1 §2010.8. Residents' bill of rights
2 A. All nursing homes shall adopt and make public a statement of the rights
3 and responsibilities of the residents residing therein and shall treat such residents in
4 accordance with the provisions of the statement. The statement shall assure each
5 resident the following:
6 * * *
7 (2)
8 * * *
9 (b) The right to be granted immediate access to the following:
10 * * *
11 (ix) An essential caregiver as defined in and subject to the conditions of R.S.
12 40:2009.24.
13 (x) A compassionate care visitor as defined in and subject to the conditions
14 of R.S. 40:2009.24.
15 * * *
16 §2166.5. Rules and regulations; licensing standards; fees
17 * * *
18 B. The department shall prescribe, promulgate, and publish rules,
19 regulations, and licensing standards including but not limited to the following:
20 * * *
21 (13) Visitation of residents by essential caregivers and compassionate care
22 visitors as defined in and subject to the conditions of R.S. 40:2166.11.
23 * * *
24 §2166.11. Essential caregivers and compassionate care visitors; visitation during
25 public health emergency
26 A. For purposes of this Section, the following terms have the meaning
27 ascribed in this Subsection:
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1 (1) "Compassionate care visitor" means a person who provides emotional
2 support to help an adult residential care provider facility resident deal with a difficult
3 transition or loss, an upsetting event, or end-of-life circumstances.
4 (2) "Essential caregiver" means a person who has been given consent by an
5 adult residential care provider facility resident or the resident's legal representative
6 to provide services or assistance with activities of daily living to help maintain or
7 improve the quality of the resident's care or the resident's quality of life.
8 (3) "Public health emergency" means a state of public health emergency
9 declared in accordance with the Louisiana Health Emergency Powers Act, R.S.
10 29:760 et seq.
11 (4) "Resident" means a resident of any facility licensed in accordance with
12 the provisions of this Part.
13 B.(1) Any resident's plan of care or service plan shall identify care and
14 services that the resident's essential caregivers may provide. Such care and services
15 may include, without limitation, bathing, dressing, eating, and emotional support.
16 (2) Each facility licensed in accordance with the provisions of this Part shall
17 establish policies and procedures for designation and utilization of essential
18 caregivers and compassionate care visitors.
19 C. Each resident or his legal representative may designate no more than two
20 essential caregivers and no more than two compassionate care visitors. Other than
21 in end-of-life situations, during a public health emergency, a resident may be visited
22 by one such visitor at a time.
23 D. With respect to visits by essential caregivers and compassionate care
24 visitors during a public health emergency, each facility licensed in accordance with
25 the provisions of this Part shall do all of the following:
26 (1) Set a limit on the total number of visitors allowed in the facility based on
27 the ability of staff to safely screen and monitor visitation.
28 (2) Develop an agreeable schedule in concert with the resident and each
29 essential caregiver and compassionate care visitor who wishes to visit the resident.
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1 Any such schedule shall allow for evening and weekend visitation and, to the
2 greatest extent practicable, accommodate barriers relating to work or child care
3 obligations of the essential caregiver or compassionate care visitor.
4 (3) Provide appropriate infection prevention and control training, such as
5 training on the proper use of personal protective equipment, hand hygiene, and social
6 distancing.
7 (4) Screen all visitors, including essential caregivers, compassionate care
8 visitors, and other visitors, to prevent possible introduction of infectious disease.
9 (5) Maintain a visitor log and require essential caregivers and compassionate
10 care visitors to sign in and out.
11 (6) Prohibit visits, except for compassionate care visits, if the resident is
12 quarantined or if the resident is positive for or shows symptoms of any infectious
13 disease to which the public health emergency relates.
14 (7) Monitor visitor adherence to appropriate infection prevention and control
15 procedures.
16 (8) After attempts to mitigate concerns relating to an essential caregiver's or
17 compassionate care visitor's behavior, restrict or revoke visitation by an essential
18 caregiver or compassionate care visitor if that person fails to follow infection
19 prevention and control requirements or other applicable rules of the facility.
20 E.(1) Each essential caregiver and compassionate care visitor shall do all of
21 the following prior to visiting a resident during a public health emergency:
22 (a) Participate in training furnished by the facility on appropriate infection
23 prevention and control procedures such as the use of personal protective equipment,
24 hand sanitizing, and social distancing, and sign a form acknowledging that he has
25 completed the training and will adhere to the facility's infection prevention and
26 control policies.
27 (b) Subject to the provisions of Subsection F of this Section, comply with
28 facility-provided testing, if offered, for any disease to which the public health
29 emergency relates.
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1 (2) When visiting a resident, each essential caregiver and compassionate care
2 visitor shall do all of the following:
3 (a) Utilize appropriate procedures for infection prevention and control,
4 which may include wearing personal protective equipment. Personal protective
5 equipment requirements for essential caregivers and compassionate care visitors
6 shall be consistent with the most recent guidance issued by the Centers for Disease
7 Control and Prevention for staff of adult residential care provider facilities who care
8 for residents.
9 (b) Provide care or visit in the resident's room or in an area within the
10 building designated by the facility for this purpose.
11 (c) Maintain the requisite social distance from facility staff and other
12 residents and limit movement in the facility in accordance with applicable
13 requirements of the nursing home.
14 F. A facility licensed in accordance with the provisions of this Part may
15 require essential caregivers and compassionate care visitors to submit to
16 facility-provided testing for any disease to which the public health emergency relates
17 if the use of such testing is based on the most recent guidance issued by the Centers
18 for Disease Control and Prevention and the U.S. Food and Drug Administration.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 426 Original 2021 Regular Session Amedee
Abstract: Authorizes visitation of nursing home residents and assisted living facility
residents by persons designated as essential caregivers or compassionate care visitors
and provides requirements and standards relative to such visitation.
Proposed law provides that, for purposes of proposed law, the following definitions apply:
(1)"Compassionate care visitor" means a person who provides emotional support to
help a nursing home resident or assisted living facility resident deal with a difficult
transition or loss, an upsetting event, or end-of-life circumstances.
(2)"Essential caregiver" means a person who has been given consent by a nursing home
resident or assisted living facility resident, or a legal representative of the resident,
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to provide services or assistance with activities of daily living to help maintain or
improve the quality of the resident's care or the resident's quality of life.
(3)"Public health emergency" means a state of public health emergency declared in
accordance with present law.
Proposed law requires that all nursing home residents' and assisted living facility residents'
plans of care or service plans identify care and services that their essential caregivers may
provide. Provides that such care and services may include, without limitation, bathing,
dressing, eating, and emotional support.
Proposed law requires each nursing home and assisted living facility to establish policies and
procedures for designation and utilization of essential caregivers and compassionate care
visitors.
Proposed law allows each nursing home resident and assisted living facility resident, or a
legal representative of the resident, to designate no more than two essential caregivers and
no more than two compassionate care visitors. Stipulates that other than in end-of-life
situations, during a public health emergency, a resident may be visited by one such visitor
at a time.
With respect to visits by essential caregivers and compassionate care visitors during a public
health emergency, proposed law requires each nursing home and assisted living facility to
do all of the following:
(1)Set a limit on the total number of visitors allowed in the facility based on the ability
of staff to safely screen and monitor visitation.
(2)Develop an agreeable schedule in concert with the resident and each essential
caregiver and compassionate care visitor who wishes to visit the resident.
(3)Provide appropriate infection prevention and control training, such as training on
proper use of personal protective equipment, hand hygiene, and social distancing.
(4)Screen all visitors, including essential caregivers, compassionate care visitors, and
other visitors, to prevent possible introduction of infectious disease.
(5)Maintain a visitor log and require essential caregivers and compassionate care
visitors to sign in and out.
(6)Prohibit visits, except for compassionate care visits, if the resident is quarantined or
if the resident is positive for or shows symptoms of any infectious disease to which
the public health emergency relates.
(7)Monitor visitor adherence to appropriate infection prevention and control procedures.
(8)After attempts to mitigate concerns relating to an essential caregiver's or
compassionate care visitor's behavior, restrict or revoke visitation by an essential
caregiver or compassionate care visitor if that person fails to follow infection
prevention and control requirements or other applicable rules of the facility.
Proposed law requires each essential caregiver and compassionate care visitor to do all of
the following prior to visiting a nursing home resident or assisted living facility resident
during a public health emergency:
(1)Participate in training furnished by the facility on appropriate infection prevention
and control procedures such as the use of personal protective equipment, hand
sanitizing, and social distancing, and sign a form acknowledging that he has
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completed the training and will adhere to the facility's infection prevention and
control policies.
(2)Comply with facility-provided testing, if offered, for any disease to which the public
health emergency relates.
Proposed law requires that when visiting a nursing home resident or assisted living facility
resident, each essential caregiver and compassionate care visitor shall do all of the
following:
(1)Utilize appropriate procedures for infection prevention and control, which may
include wearing personal protective equipment.
(2)Provide care or visit in the resident's room or in an area within the building
designated by the facility for this purpose.
(3)Maintain the requisite social distance from facility staff and other residents and limit
movement in the facility in accordance with applicable requirements of the facility.
Proposed law authorizes nursing homes and assisted living facilities to require that essential
caregivers and compassionate care visitors submit to facility-provided testing for any disease
to which the public health emergency relates if the use of such testing is based on the most
recent guidance issued by the Centers for Disease Control and Prevention and the U.S. Food
and Drug Administration.
Proposed law requires the Louisiana Department of Health to promulgate administrative
rules relative to visitation of nursing home residents and assisted living facility residents by
essential caregivers and compassionate care visitors in accordance with the conditions and
requirements of proposed law.
Present law known as the "nursing home residents' bill of rights" provides for enumerated
rights of nursing home residents. Proposed law retains present law and requires that nursing
homes assure each resident the right to be granted immediate access to the following
persons:
(1)An essential caregiver, subject to the conditions of proposed law.
(2)A compassionate care visitor, subject to the conditions of proposed law.
(Amends R.S. 40:2009.4(A)(intro. para.); Adds R.S. 40:2009.4(A)(8), 2009.24,
2010.8(A)(2)(b)(ix) and (x), 2166.5(B)(13), and 2166.11)
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