House Bill 837

AN ACT TO CREATE THE "HOSPITAL RIGHT TO VISIT ACT"; TO PROHIBIT THE ISSUANCE OR RENEWAL OF A LICENSE TO ANY HOSPITAL THAT MAINTAINS A POLICY LIMITING VISITATION WITH PATIENTS WHO ARE HOSPITALIZED FOR GREATER THAN 24 HOURS; TO PROHIBIT THE ISSUANCE OR RENEWAL OF A LICENSE TO ANY INSTITUTION FOR THE AGED OR INFIRM THAT MAINTAINS A POLICY RESTRICTING VISITATION WITH RESIDENTS; TO AUTHORIZE HOSPITALS AND INSTITUTIONS FOR THE AGED OR INFIRM TO IMPOSE CERTAIN REASONABLE SAFETY REQUIREMENTS RELATING TO VISITATIONS; TO GRANT IMMUNITY TO HOSPITALS AND INSTITUTIONS FOR THE AGED OR INFIRM FOR CLAIMS ARISING DUE TO A HOSPITAL OR INSTITUTION'S COMPLIANCE WITH THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO ADOPT RULES AND REGULATIONS FOR THE ENFORCEMENT OF THIS 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 "Hospital Right to Visit Act."

(2) Beginning on July 1, 2022, as a condition precedent to obtaining or renewing a license under this chapter, a hospital may not institute or maintain 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. However, a hospital may not be prevented from imposing reasonable safety requirements relating to the physical presence of designated family members or friends in the hospital so long as at least two (2) such designated family members or friends are authorized for visitation for no less than two (2) hours per day.

(3) A hospital may not be held liable for damages in an action involving a liability claim against the hospital arising from the compliance of the hospital with this section. The immunity set forth in this subsection is in addition to, and does not limit in any way, any other immunity protections that may apply under state or federal law.

(4) The licensing agency shall adopt such rules, regulations and standards as may be necessary for the enforcement of this section, which rules, regulations and standards must be provided to hospitals and recorded in the Minimum Standard of Operation for Mississippi Hospitals book pursuant to Section 41-9-17.

SECTION 2. (1) Beginning on July 1, 2022, as a condition precedent to obtaining or renewing a license under this chapter, an institution for the aged or infirm may not institute or maintain any policy that prohibits residents from being visited by designated family members or friends, including during a declared public health emergency. However, an institution for the aged or infirm may not be prevented from imposing reasonable safety requirements relating to the physical presence of designated family members or friends in the institution so long as at least two (2) such designated family members or friends are authorized for visitation for no less than two (2) hours per day.

(2) An institution for the aged or infirm may not be held liable for damages in an action involving a liability claim against the institution arising from the compliance of the institution with this section. The immunity set forth in this subsection is in addition to, and does not limit in any way, any other immunity protections that may apply under state or federal law.

(3) The licensing agency shall adopt such rules, regulations and standards as may be necessary for the enforcement of this section, which rules, regulations and standards must be provided to institutions for the aged or infirm and recorded in the Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm book pursuant to Section 43-11-13.

SECTION 3. Section 1 of this act shall be codified as a new section in Chapter 9, Title 41, Mississippi Code of 1972. Section 2 of this act shall be codified as a new section in Chapter 11, Title 43, Mississippi Code of 1972.

SECTION 4. This act shall take effect and be in force from and after July 1, 2022.