Senate Bill 2062

AN ACT TO CREATE THE NO PATIENT LEFT ALONE ACT; TO PROVIDE THAT MINOR AND ADULT PATIENTS SHALL HAVE THE RIGHT TO DESIGNATE A VISITOR WITH VISITATION RIGHTS; TO AUTHORIZE HOSPITALS TO ESTABLISH CERTAIN VISITATION POLICIES; TO ALLOW HOSPITAL TO MANDATE CERTAIN SAFETY PROTOCOLS AND THE ABILITY TO REVOKE VISITATION RIGHTS FOR FAILURE TO COMPLY; TO PROHIBIT THE TERMINATION, SUSPENSION OR WAIVER OF VISITATION RIGHTS BY CERTAIN PARTIES; TO PROVIDE CERTAIN LIMITATIONS TO THESE RIGHTS; TO PROHIBIT HOSPITALS FROM REQUIRING PATIENTS WAIVE CERTAIN RIGHTS; TO REQUIRE THE DEPARTMENT OF HEALTH TO DEVELOP CERTAIN INFORMATIONAL MATERIALS; AND FOR RELATED PURPOSES.

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

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

SECTION 2. (1) Each minor who is admitted to a hospital in this state shall have the right to have a parent, guardian or person standing in loco parentis to be physically present while the minor patient is receiving hospital care.

(2) Each adult who is admitted to a hospital in this state shall have the right to designate a spouse, family member or caregiver to be physically present while the adult patient is receiving hospital care.

(3) 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.

(4) 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.

(5) 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.

(6) 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. No hospital shall require a patient to waive the rights specified in this section.

(7) Each hospital in this state 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.

(8) 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 3. This act shall take effect and be in force from and after July 1, 2023.