Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB257

Introduced
5/2/23  
Refer
5/2/23  
Report Pass
12/11/23  
Engrossed
1/16/24  
Refer
3/14/24  

Caption

Patients' and residents' rights to visitors in a health care facility, restricting visitation, and liability for the actions of visitors.

Impact

This legislation establishes a framework for compassionate care visitation, which allows relatives or support persons to visit under circumstances that alleviate distress for the residents. It includes specific provisions for children, adults, and patients receiving hospice care, underscoring the importance of family contact in health care settings. Furthermore, if a COVID-19 infection rate is deemed high in a county, facilities are still obligated to maintain compassionate care visits as safely as possible, reflecting a balance in patient welfare and public health considerations.

Summary

Senate Bill 257 enhances the rights of patients and residents in health care facilities by ensuring their right to receive visitors. The bill mandates that hospitals and long-term care facilities facilitate in-person visitation with designated support persons—family members, guardians, or personal aides—to advocate for the patient's needs. Specifically, it requires facilities to allow at least one support person for patients and ensures that patients with disabilities can name up to three support people to assist them during their stay. Facilities must accommodate these visits, particularly in scenarios crucial for managing both the physical and mental health of the patient.

Contention

While the bill aims to improve patient care and access, it also allows health care facilities to implement their visitation policies, which may restrict access based on health concerns or disruptive behavior. Critics may contend that allowing broad discretion to health care providers could lead to inconsistent application of visitation rights, with possible implications for vulnerable populations' welfare. Additionally, the bill emphasizes the responsibility of state agencies to investigate complaints about facility compliance, aiming to protect patient rights while also limiting the facilities' liability for visitor actions.

Companion Bills

No companion bills found.

Previously Filed As

WI AB257

Patients' and residents' rights to visitors in a health care facility, restricting visitation, and liability for the actions of visitors.

WI HB151

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors who are not essential caregivers; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to provide certain immunity from liability in certain circumstances; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

WI SB113

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors who are not essential caregivers; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to provide certain immunity from liability in certain circumstances; to exempt certain psychiatric care facilities from the provisions of this bill; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

WI HB3

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to prohibit any suspension or modification by emergency rule or order; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

WI SB2

Relating to health care facilities; to add Section 22-21-437 to the Code of Alabama 1975; to require health care facilities to adopt certain visitation policies; to provide that patients have a right to certain visitation; to allow patients to designate an essential caregiver and to guarantee that caregiver certain visitation rights; to prohibit a health care facility from adopting a visitation policy that is more stringent than certain employee policies; to prohibit a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients; to provide for the circumstances in which patients may not be denied visitors; to require health care facilities to provide visitation policies to the Department of Public Health; to require the Department of Public Health to develop a mechanism for complaints; to prohibit any suspension or modification by emergency rule or order; and to repeal Sections 22-21-430 through 22-21-436, Code of Alabama 1975, relating to hospital visitation during a public health emergency.

WI HB426

Provides relative to visitation of nursing home residents and assisted living facility residents by persons designated as essential caregivers or compassionate care visitors

WI HB2116

Creates provisions relating to visitation rights of patients

WI HB1180

Permit designated visitors in nursing facilities.

WI S678

Establishes "New Jersey No Patient Left Alone Act"; requires certain facilities to establish policies guaranteeing visitation rights for facility residents.

WI S2520

Establishes "New Jersey No Patient Left Alone Act"; requires certain facilities to establish policies guaranteeing visitation rights for facility residents.

Similar Bills

WI AB257

Patients' and residents' rights to visitors in a health care facility, restricting visitation, and liability for the actions of visitors.

MO HB2116

Creates provisions relating to visitation rights of patients

CO HB1199

Visitation Requirements Health-care Facilities

CA AB2075

Resident Access Protection Act.

UT HB0230

Center for Medical Cannabis Research

UT SB0195

Medical Cannabis Access Amendments

MO SB671

Modifies provisions relating to the protection of vulnerable persons

MN HF666

Right established for patient or resident to choose to have support person present while receiving care or services.