HLS 23RS-87 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 291
BY REPRESENTATIVE CHARLES OWEN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE/FACILITIES: Provides for visitation policies at certain healthcare
facilities and requires that such policies allow for in-person visitation
1 AN ACT
2To enact Part VI of Chapter 5-G of Title 40 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 40:1300.51 through 1300.55, relative to minimum standards of
4 visitation policies at certain healthcare facilities; to require in-person visitation under
5 certain circumstances; to provide minimum requirements for in-person visits; to
6 establish minimum visitation hours; to require the provision of visitation policy
7 information with applications for licensure, renewal of licensure, or change of
8 ownership; to require publication of visitation policies; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Part VI of Chapter 5-G of Title 40 of the Louisiana Revised Statutes of
121950, comprised of R.S. 40:1300.51 through 1300.55, is hereby enacted to read as follows:
13 PART VI. NO PATIENT LEFT ALONE LAW
14 §1300.51. Short title
15 This Part shall be known and may be cited as the "No Patient Left Alone
16 Law".
17 §1300.52. Applicability
18 The provisions of this Part shall apply to all of the following:
19 (1) Licensed centers that provide care for persons with developmental
20 disabilities as defined in R.S. 28:751.
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1 (2) Hospitals as defined in R.S. 40:2102.
2 (3) Licensed facilities that provide hospice care as defined in R.S. 40:2182.
3 (4) Nursing homes as defined in R.S. 40:2009.2.
4 §1300.53. Visitation policies; establishment; requirements
5 A.(1) The facilities identified in R.S. 40:1300.52 shall develop policies and
6 procedures to allow in-person visitation for any of their residents, clients, or patients.
7 (2) The policies and procedures developed in accordance with Paragraph (1)
8 of this Subsection shall not be any more restrictive than the provisions of this
9 Section.
10 B.(1) The provisions required by this Part may include all of the following
11 precautionary policies and procedures prior to visitation:
12 (a) Review of infection control, handwashing, and education policies for
13 visitors.
14 (b) Requirements for temperature screening.
15 (c) Review of health and safety procedures required by the facility.
16 (d) Any other infection control protocols.
17 (2) Safety-related policies and procedures may not be more stringent than
18 those established for the facility's staff and may not require visitors to submit proof
19 of any vaccination or immunization.
20 (3) The policies and procedures shall allow consensual physical contact
21 between a resident, client, or patient and his visitor.
22 (4) The visits shall be permissible, both in duration of the visitation and the
23 number of visitors, and meet the standards provided in R.S. 40:1300.54, as
24 applicable.
25 (5) An employee of the facility shall be designated as the responsible party
26 for ensuring that the visitor adheres to the policies and procedures.
27 §1300.54. Designation of an essential caregiver; circumstances for visitation
28 A.(1) A resident, client, or patient may designate at least one visitor who is
29 a family member, friend, guardian, or other individual as a designated essential
30 caregiver.
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HB NO. 291
1 (2) The facility shall allow in-person visitation by the designated essential
2 caregiver daily in addition to any other visitation authorized by the facility.
3 (3) The designated essential caregiver is not required to provide advanced
4 notice of the intent to visit the patient.
5 (4) The designated essential caregiver is not required to provide necessary
6 care to a resident, client, or patient of a facility, and a facility providing such care
7 shall not require a designated essential caregiver to provide such care.
8 B. The visitation provisions set forth in this Part shall allow in-person
9 visitation unless otherwise restricted by law or by order of the court.
10 C. The policies and procedures may require a visitor to agree in writing to
11 follow the facility's policies and procedures. A facility may suspend in-person
12 visitation for a specific visitor if the visitor violates the facility's policies and
13 procedures.
14 D. Access to a religious or spiritual support person shall be included in
15 addition to the designated essential caregiver.
16 §1300.55. Provision of policies; publication
17 A.(1) A facility shall submit a written copy of its visitation policies and
18 procedures to the Health Standards Section of the Louisiana Department of Health
19 when applying for initial licensure, licensure renewal, or change of ownership.
20 (2) After licensure, the facility shall make its visitation policies and
21 procedures available for review by the Louisiana Department of Health at any time,
22 upon request.
23 B. Within twenty-four hours after establishing the policies and procedures
24 required in accordance with this Part, the facility shall make its policies and
25 procedures easily accessible from the homepage of its website.
26 C. The Louisiana Department of Health shall dedicate a stand-alone page on
27 its website to explain the visitation requirements of this Part and provide a link to the
28 facility's webpage to report complaints.
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1 Section 2. The visitation provisions required by R.S. 40:1300.51 through
240:1300.55, as enacted by Section 1 of this Act, shall be established by each facility by
3August 31, 2023.
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 291 Original 2023 Regular Session Charles Owen
Abstract: Creates the "No Patient Left Alone Law" and establishes minimum requirements
for in-person visits at certain healthcare facilities.
Proposed law shall be known and may be cited as the "No Patient Left Alone Law".
Proposed law applies to all of the following facilities:
(1)Licensed centers that provide care for persons with developmental disabilities as
defined in present law.
(2)Hospitals as defined in present law.
(3)Licensed facilities that provide hospice care as defined in present law.
(4)Nursing homes as defined in present law.
Proposed law requires the facilities identified in proposed law to develop policies and
procedures to allow in-person visitation for residents, clients, and patients. Proposed law
further provides that such policies and procedures shall not be any more restrictive than the
provisions set forth in proposed law.
The provisions required by proposed law may include any of the following precautionary
policies and procedures before visitation:
(1)Review of infection control, handwashing, and education policies for visitors.
(2)Requirements for temperature screening.
(3) Review of health and safety procedures required by the facility.
(4) Any other infection control protocols.
Proposed law provides that safety-related policies and procedures may not be more stringent
than those established for the facility's staff and may not require visitors to submit proof of
any vaccination or immunization.
Proposed law further provides that policies and procedures shall allow consensual physical
contact between a resident, client, or patient and his visitor.
The visits required by proposed law shall be permissible, both in duration of the visitation
and the number of visitors, and meet the standards provided in proposed law, as applicable.
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HB NO. 291
Proposed law provides that an employee of the facility shall be designated as the responsible
party for ensuring that the visitor adheres to the policies and procedures.
Proposed law allows a resident, client, or patient to designate at least one visitor who is a
family member, friend, guardian, or other individual as a designated essential caregiver.
Proposed law further establishes provisions for such designated essential caregivers.
Proposed law requires a facility to allow in-person visitation unless otherwise restricted by
law or by order of the court.
Proposed law provides that policies and procedures established by a facility may require a
visitor to agree in writing to follow its policies and procedures. Proposed law further
provides that the facility may suspend in-person visitation of a specific visitor if the visitor
violates such policies and procedures.
Proposed law provides that access to a religious or spiritual support person shall be included
in addition to the designated essential caregiver.
Proposed law requires a facility to submit a written copy of its visitation policies and
procedures to the Health Standards Section of the La. Dept. of Health (LDH) when applying
for initial licensure, licensure renewal, or change of ownership. Proposed law further
requires such visitation policies and procedures to be made available for review by LDH at
any time, upon request.
Proposed law requires that a facility shall make its policies and procedures easily accessible
from the homepage of its website within 24 hours after establishing the policies and
procedures required by proposed law.
Proposed law requires LDH to dedicate a stand-alone page on its website to explain the
visitation requirements set forth in proposed law and provide a link to the facility's webpage
to report complaints.
(Adds R.S. 40:1300.51-1300.55)
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