Louisiana 2023 2023 Regular Session

Louisiana House Bill HB291 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 367 (HB 291) 2023 Regular Session Charles Owen
New law shall be known and may be cited as the "No Patient Left Alone Law". 
New law provides for legislative findings.
New law applies to all of the following facilities:
(1)Licensed centers that provide care for persons with developmental disabilities as
defined in existing law. 
(2)Hospitals as defined in existing law.
(3)Licensed facilities that provide inpatient hospice care as defined in existing law. 
(4)Nursing homes as defined in existing law.
New law provides that visitation policies and procedures may not require visitors to submit
proof of any vaccination or immunization.
New law further provides that visitation policies shall allow consensual nonsexual physical
contact such as hand holding or hugging.
In accordance with existing law, new law provides all of the following: 
(1)Any person 18 years or older may designate those individuals who will not
be denied access to visit him in person during any stay in any hospital,
nursing home, or other healthcare facility within La.
(2)Hospitals, nursing homes, and adult residential care homes may allow
members of the clergy to visit patients or residents during a public health
emergency whenever a patient or resident or the legal or designated
representative of the patient or resident requests the visit.
(3)Licensed nursing facilities may allow immediate family members and other
designated persons to visit residents during a public health emergency
whenever a resident or the legal or designated representative of the resident
requests the visit.
(4)Licensed adult residential care providers may allow immediate family
members and other designated persons to visit residents during a public
health emergency whenever a resident or the legal or designated
representative of the resident requests the visit.
(5)Licensed intermediate care facilities for people with developmental
disabilities (ICF/DD) may allow any close family member or legal
representative of a resident of an ICF/DD to visit the resident during any state
of public health emergency.  
New law further provides that special consideration shall be given to residents receiving
end-of-life care.
New 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) at the initial licensure
survey.  New law further requires visitation policies and procedures to be made available for
review by LDH at any time, upon request. 
New law requires a facility to make its policies and procedures easily accessible from the
homepage of its website no later than 24 hours after establishing the policies and procedures
required by new law. New law requires LDH to dedicate a stand-alone page on its website to explain the visitation
requirements set forth in new law and provide a link to the department's webpage to report
complaints. 
New law requires certain provisions of existing law to include the right to consensual
nonsexual physical contact such as hand holding or hugging.
New law further requires certain provisions of existing law to not require visitors to submit
proof of any vaccination or immunization.
Effective August 1, 2023.
(Amends R.S. 40:2005.1(B)(2)(a), 2009.4(A)(7)(b), 2166.5(B)(12)(b), 2180.2(11)(a)(ii) and
(iii), and 2184(2)(d); Adds R.S. 40:1300.51-1300.55)