House Bill 1034

AN ACT TO CREATE THE HEALTH CARE FACILITY RIGHT TO VISIT ACT TO PREVENT ALL HEALTH CARE FACILITIES THAT HAVE RECEIVED A CERTIFICATE OF NEED FROM THE DEPARTMENT OF HEALTH FROM INSTITUTING ANY POLICY THAT LIMITS PATIENTS' ABILITIES TO BE VISITED BY DESIGNATED FAMILY MEMBERS OR FRIENDS DURING ANY HOSPITALIZATION OR TREATMENT; TO ALLOW THE FACILITIES TO IMPOSE REASONABLE SAFETY REQUIREMENTS; TO PROVIDE THAT NO FACILITY SHALL BE HELD LIABLE FOR DAMAGES IN AN ACTION INVOLVING A LIABILITY CLAIM AGAINST SUCH FACILITY ARISING FROM THE FACILITY'S COMPLIANCE WITH THE ACT; 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 "Health Care Facility Right to Visit Act."

(2) A long-term care facility, skilled nursing facility, hospital, rehabilitation hospital, continuing care retirement community or any other health care facility that has received a certificate of need from the State Department of Health shall not institute any policy that limits patients' abilities to be visited by designated family members or friends during any hospitalization or treatment that lasts for a period exceeding twenty-four (24) hours, including during a declared public health emergency. Such facilities shall not be prevented from imposing reasonable safety requirements relating to the physical presence of such designated family members or friends in the facility, provided that at least two (2) such designated family members or friends are authorized for visitation of no less than two (2) hours per day.

(3) No facility shall be held liable for damages in an action involving a liability claim against such facility arising from the facility's compliance with the provisions of this section.

(4) The immunity set forth in subsection (3) of this section shall be in addition to any other immunity protections that may apply in state or federal law.

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