Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2408 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health; establishing a right of patients and residents to have a support
3	3	1.3 person present when receiving health care services; establishing a civil penalty;
4	4	1.4 proposing coding for new law in Minnesota Statutes, chapter 144.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [144.6514] RIGHT OF PATIENTS AND RESIDENTS TO SUPPORT
7	7	1.7PERSON.
8	8	1.8 Subdivision 1.Short title.This section may be cited as the "No Patient Left Alone Act."
9	9	1.9 Subd. 2.Definitions.(a) For the purposes of this section, the following terms have the
10	10	1.10meanings given.
11	11	1.11 (b) "Facility" means:
12	12	1.12 (1) a hospital; or
13	13	1.13 (2) a nonacute care facility, including a nursing home or boarding care home, that
14	14	1.14provides care needed because of prolonged mental or physical illness or disability, recovery
15	15	1.15from injury or disease, or advancing age.
16	16	1.16 (c) "Patient" means an individual who is receiving health care services in a hospital.
17	17	1.17 (d) "Resident" means an individual who is residing in a nonacute care facility, including
18	18	1.18a nursing home or boarding care home, that provides care needed because of prolonged
19	19	1.19mental or physical illness or disability, recovery from injury or disease, or advancing age.
20	20	1.20 (e) "Support person" means an individual necessary to provide compassionate care to a
21	21	1.21patient or resident, including but not limited to:
22	22	1Section 1.
23	23	REVISOR SGS/EN 25-0341302/06/25
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 2408
29	29	NINETY-FOURTH SESSION
30	30	Authored by Zeleznikar03/17/2025
31	31	The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (1) an individual requested to meet the physical, cognitive, mental health, companionship,
32	32	2.2spiritual, or social needs of the patient or resident;
33	33	2.3 (2) an individual requested in an end-of-life situation;
34	34	2.4 (3) a clergy member or lay person offering religious or spiritual support; or
35	35	2.5 (4) an individual providing a service requested by the patient or resident, such as a
36	36	2.6hairdresser or barber.
37	37	2.7 Subd. 3.General rule.Except as provided in subdivision 8, a facility must allow, at a
38	38	2.8minimum, one support person of the patient's or resident's choice to be physically present
39	39	2.9while the patient or resident is receiving health care services.
40	40	2.10 Subd. 4.Policies and procedures; notice of rights.(a) A facility must have written
41	41	2.11policies and procedures regarding a patient's or resident's right to have a support person
42	42	2.12present during treatment, including provisions describing any clinically necessary or
43	43	2.13reasonable restrictions the facility may place on access to the patient or resident and the
44	44	2.14reason for each restriction. A facility must inform each patient or resident and each support
45	45	2.15person, as appropriate, of the patient's or resident's right to have a support person present,
46	46	2.16including any restriction on that right, and must ensure that a support person enjoys full and
47	47	2.17equal visitation privileges consistent with patient or resident preferences and the facility's
48	48	2.18policies and procedures. A facility must have written policies and procedures regarding
49	49	2.19complaints and must make available to patients or residents and support persons, the contact
50	50	2.20information for the facility staff members tasked with investigating violations of this section
51	51	2.21and the Office of Ombudsman for Long-Term Care.
52	52	2.22 (b) For purposes of this section, policies and procedures are subject to the following:
53	53	2.23 (1) the support person of a minor patient or resident may not be subject to visitation
54	54	2.24hours, except as provided in subdivision 8;
55	55	2.25 (2) a facility must provide a support person with maximum access to the patient or
56	56	2.26resident who requested the support person, including by offering evening and weekend
57	57	2.27visits;
58	58	2.28 (3) in end-of-life or nearing end-of-life situations, every effort should be made for all
59	59	2.29support persons requested by the patient or resident to be accommodated, in reasonably
60	60	2.30sized groups of six or less at a time, with no age restrictions;
61	61	2.31 (4) when a parent or guardian of a minor is a patient or resident, the support person must
62	62	2.32be permitted to bring the minor to the facility in the event no child care is available;
63	63	2Section 1.
64	64	REVISOR SGS/EN 25-0341302/06/25 3.1 (5) if the facility limits the number of support persons allowed to be present with a patient
65	65	3.2or resident, the facility must allow a clergy member or lay person offering religious or
66	66	3.3spiritual support to be physically present, in addition to the number of support persons
67	67	3.4allowed;
68	68	3.5 (6) in the event of a pandemic, a facility must identify one or more ways for
69	69	3.6compassionate care visitation, including personal contact, that minimize the risk of infection
70	70	3.7to patients or residents; and
71	71	3.8 (7) when all feasible options for the physical presence of a support person have been
72	72	3.9exhausted, a virtual option for visitation by a support person must be offered, except as
73	73	3.10provided in subdivision 8.
74	74	3.11 (c) In the event of an emergency declared by the governor, a facility may enforce infection
75	75	3.12control practices for support persons, including but not limited to hand washing or wearing
76	76	3.13a mask or gown, on a situational basis while assuring a patient's or resident's right to have
77	77	3.14a support person present while receiving health care services.
78	78	3.15 Subd. 5.Limitation of rights.(a) A patient or resident must not be required to waive
79	79	3.16the rights provided under this section.
80	80	3.17 (b) A patient or resident must not be required to consent to additional conditions, such
81	81	3.18as executing a health care directive or agreeing to a "do not resuscitate" or similar order, as
82	82	3.19a condition of having a support person present while the patient or resident is receiving
83	83	3.20health care services.
84	84	3.21 (c) In the event: (1) a patient or resident is incapacitated or otherwise unable to
85	85	3.22communicate the patient's or resident's wishes; and (2) an individual provides a health care
86	86	3.23directive designating the individual as the patient's or resident's support person, designating
87	87	3.24the individual to exercise health care power of attorney, or otherwise indicating the individual
88	88	3.25is authorized to exercise rights covered by this section on behalf of the patient or resident,
89	89	3.26the facility must accept this designation and allow the individual to exercise the patient's or
90	90	3.27resident's support person rights on the patient's or resident's behalf.
91	91	3.28 (d) The rights specified in this section may not be terminated, suspended, or waived by
92	92	3.29the facility, the commissioner of health, or any governmental entity, notwithstanding a
93	93	3.30declaration of emergency declared by the governor.
94	94	3.31 Subd. 6.Violations; penalty.A facility that knowingly or willfully violates this section
95	95	3.32is subject to a civil penalty of $500 for each day of violation.
96	96	3Section 1.
97	97	REVISOR SGS/EN 25-0341302/06/25 4.1 Subd. 7.Liability of facility.Unless expressly required under federal law or regulation,
98	98	4.2no action shall be taken against a facility for:
99	99	4.3 (1) giving a support person access to the facility;
100	100	4.4 (2) failing to protect or otherwise ensure the safety or comfort of a support person given
101	101	4.5access to the facility;
102	102	4.6 (3) choosing not to follow the guidelines of the Centers for Disease Control and
103	103	4.7Prevention or other national guidelines that require or recommend restricting support person
104	104	4.8access; or
105	105	4.9 (4) the acts or omissions of a support person who is given access to the facility.
106	106	4.10 Subd. 8.Exceptions.(a) A facility is not required to allow a support person:
107	107	4.11 (1) to enter an operating room, isolation room, isolation unit, behavioral health setting
108	108	4.12for a short-term stay, or other typically restricted area;
109	109	4.13 (2) to remain present during the administration of emergency care in critical situations;
110	110	4.14or
111	111	4.15 (3) access beyond the rooms, units, or wards in which the patient or resident the support
112	112	4.16person is visiting is receiving health care services or beyond general common areas in the
113	113	4.17facility.
114	114	4.18 (b) A facility may restrict a support person's access:
115	115	4.19 (1) at the request of the patient or resident or of a law enforcement agency;
116	116	4.20 (2) due to a court order;
117	117	4.21 (3) if the support person has symptoms of a transmissible infection;
118	118	4.22 (4) if the support person is determined to be a danger to the patient or resident;
119	119	4.23 (5) if the support person is suspected to have abused the patient or resident;
120	120	4.24 (6) if the support person is engaging in threatening or violent behavior toward a staff
121	121	4.25member of the facility, a patient or resident, or another visitor, and the facility has attempted
122	122	4.26and documented education and de-escalation techniques; or
123	123	4.27 (7) if the support person is not compliant with facility policy.
124	124	4.28 (c) This section does not apply to designated support persons for pregnant patients
125	125	4.29governed by section 144.651, subdivision 10a.
126	126	4Section 1.
127	127	REVISOR SGS/EN 25-0341302/06/25