House Bill 758

AN ACT TO BE KNOWN AS THE NO PATIENT LEFT ALONE ACT; TO PROVIDE THAT MINOR AND ADULT PATIENTS IN HOSPITALS MAY HAVE OR MAY DESIGNATE A VISITOR WHO MAY BE PHYSICALLY PRESENT WHILE THE PATIENT IS RECEIVING HOSPITAL CARE; TO AUTHORIZE HOSPITALS TO ESTABLISH POLICIES THAT LIMIT OR RESTRICT VISITATION UNDER CERTAIN CIRCUMSTANCES; TO AUTHORIZE HOSPITALS TO MANDATE CERTAIN SAFETY PROTOCOLS AND RULES OF CONDUCT FOR VISITORS AND REVOKE THEIR VISITATION RIGHTS FOR FAILURE TO COMPLY WITH THE PROTOCOLS OR RULES; TO PROHIBIT THE TERMINATION, SUSPENSION OR WAIVER OF VISITATION RIGHTS BY THE HOSPITAL OR ANY GOVERNMENTAL ENTITY; TO PROHIBIT HOSPITALS FROM REQUIRING PATIENTS TO WAIVE THE VISITATION RIGHTS PROVIDED UNDER THIS ACT; TO REQUIRE HOSPITALS TO POST CERTAIN INFORMATIONAL MATERIALS EXPLAINING THE VISITATION RIGHTS PROVIDED UNDER THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO DEVELOP SUCH INFORMATIONAL MATERIALS AND PROVIDE THEM TO HOSPITALS; TO PROHIBIT STATE AGENCIES FROM TAKING ACTION AGAINST HOSPITALS FOR CERTAIN ACTS OR OMISSIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This section shall be known and may be cited as the "No Patient Left Alone Act".

(2) As used in this section, the term "hospital" means a hospital that is licensed under Section 41-9-1 et seq.

(3) Subject to the provisions of subsections (5) and (6) of this section, each minor who is admitted to a hospital has the right to have a parent, guardian or person standing in loco parentis who shall have the ability to be present while the minor patient is receiving hospital care.

(4) Subject to the provisions of subsections (5) and (6) of this section, each adult who is admitted to a hospital has the right to designate a spouse, family member or caregiver who shall have the ability to be physically present while the adult patient is receiving hospital care.

(5) A hospital may establish visitation policies that limit or restrict visitation when:

(a) The presence of visitors would be medically or therapeutically contraindicated in the best clinical judgment of health care professionals;

(b) The presence of visitors would interfere with the care of or rights of any patient;

(c) Visitors are engaging in disruptive, threatening or violent behavior toward any staff member, patient or other visitor; or

(d) Visitors are noncompliant with hospital policy.

(6) A hospital may require visitors to wear personal protective equipment, provided that any such required equipment shall be provided by the hospital. A hospital may require visitors to comply with reasonable safety protocols and rules of conduct. The hospital may revoke visitation rights for failure to comply with this section.

(7) Nothing in this section shall be construed to require a hospital to allow a visitor to enter an operating room, isolation room, isolation unit, behavioral health setting or other typically restricted area or to remain present during the administration of emergency care in critical situations. Nothing in this section shall be construed to require a hospital to allow a visitor access beyond the rooms, units or wards in which the patient the visitor is visiting is receiving care or beyond general common areas in the hospital.

(8) Except as authorized in subsection (6) of this section the rights specified in this section may not be terminated, suspended or waived by the hospital, the State Department of Health or any governmental entity, notwithstanding declarations of emergency declared by the Governor or the Legislature. No hospital shall require a patient to waive the rights specified in this section.

(9) Each hospital shall post on its website informational materials developed by the State Department of Health explaining the rights specified in this section. The State Department of Health shall develop such informational materials and make the materials available to hospitals for this purpose.

(10) Unless expressly required by federal law or regulation, the State Department of Health or any other state agency shall not take any action against a hospital for:

(a) Giving a visitor individual access to a hospital-controlled property or location;

(b) Failing to protect or otherwise ensure the safety or comfort of a visitor given access to a hospital-controlled property or location;

(c) Failing to follow the guidelines of the Centers for Disease Control and Prevention or other federal guidelines that require or recommend restricting visitor access; or

(d) The acts or omissions of any visitor who is given access to a hospital-controlled property or location.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.