Louisiana House Bill HB43

Louisiana 2020 2nd Special Session

• Introduced: 9/28/20
• Refer: 9/28/20
• Report Pass: 10/14/20
• Engrossed: 10/15/20
• Report Pass: 10/21/20
• Enrolled: 10/22/20
• Chaptered: 10/28/20
• Passed: 10/28/20

Caption

Provides for administrative rules relative to visitation of nursing home and assisted living facility residents during a public health emergency (Item #59)

Impact

The bill impacts the rights of nursing home residents by mandating that state health authorities create rules governing visitation during declared public health emergencies, as defined under the Louisiana Health Emergency Powers Act. It emphasizes that while facilities can set reasonable restrictions to maintain health and safety, they cannot prohibit visitation entirely during such emergencies. The inclusion of specific conditions for end-of-life care visits highlights a compassionate approach to governing resident rights, ensuring families can be present during critical moments.

Summary

House Bill 43, introduced by Representative Bacala, seeks to ensure that residents of nursing homes and adult residential care facilities have the right to receive visitors during a public health emergency. The legislation stipulates that licensed facilities must allow visits from immediate family members or designated persons when requested by the resident, particularly considering those who are receiving end-of-life care. This legal framework aims to protect the emotional and social needs of residents in facilities during times of crisis.

Sentiment

The sentiment surrounding HB 43 appears supportive, reflecting a consensus on the importance of maintaining familial connections during health crises. Many stakeholders view this legislation as an essential measure for upholding the dignity and rights of nursing home residents. The emphasis on visitation rights during public health emergencies is generally regarded as a humane response to the challenges faced by vulnerable populations.

Contention

One point of contention might arise around the implementation of visitation rules, especially regarding the balance between health safety measures and residents’ rights. While the bill allows for reasonable restrictions, there may be debates over what constitutes a reasonable restriction and how facilities implement these guidelines without infringing on the rights of residents. Additionally, the potential for federal regulations to preempt state-defined rules could introduce uncertainties in how these local standards are carried out.