MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Welfare
By: Senator(s) Chism, Sojourner
AN ACT TO ENACT THE "NO PATIENT LEFT ALONE ACT;" TO PROVIDE THAT A HEALTH CARE PROVIDER SHALL ALLOW CLIENTS TO RECEIVE VISITORS DURING THEIR ADMISSION TO, OR RESIDENT AT, THE PROVIDER'S FACILITY IN ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF HEALTH; TO REQUIRE A PROVIDER TO ALLOW IN-PERSON VISITS IN CERTAIN CIRCUMSTANCE; TO PROVIDE THAT IF CIRCUMSTANCES REQUIRE A PROVIDER TO RESTRICT PUBLIC ACCESS TO THE FACILITY DUE TO HEALTH OR SAFETY CONCERNS, THE PROVIDER SHALL DEVELOP ALTERNATE VISITATION PROTOCOLS THAT ALLOW VISITATION TO THE GREATEST EXTENT POSSIBLE WHILE MAINTAINING CLIENT HEALTH AND SAFETY; TO PROVIDE THAT IF A PROVIDER DOES NOT CORRECT A VIOLATION IN THE TIME SPECIFIED BY THE DEPARTMENT OF HEALTH OR REPEATS A VIOLATION, THE DEPARTMENT OF HEALTH SHALL IMPOSE AN ADMINISTRATIVE FINE OF AT LEAST $500.00 PER VIOLATION; 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) A health care provider shall allow clients to receive visitors during their admission to, or residency at, the provider's facility in accordance with rules promulgated by the Department of Health.
(2) If circumstances require a provider to restrict public access to the facility due to health or safety concerns, the provider shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining client health and safety.
(3) A provider that admits clients to its facility or serves clients who are residents in the provider's facility must allow in-person visits in all of the following circumstances:
(a) End-of-life situations;
(b) A client who was living with his or her family before recently being admitted to the provider's facility and who is struggling with the change in environment and lack of physical family support;
(c) A client who is grieving the loss of a friend or family member who recently died;
(d) A client who needs cueing or encouragement to eat or drink which was previously provided by a family member or caregiver, and the client is experiencing weight loss or dehydration;
(e) A client who previously talked and interacted with others and is experiencing emotional distress, is seldom speaking, or is crying more frequently than he or she did previously; or
(f) Any other circumstance the Department of Health deems appropriate.
(4) To ensure the health and safety of clients, a provider may require visitors to adhere to infection control protocols, including passing a health screening and wearing personal protective equipment while on the premises of the provider's facility. A provider may refuse visitation if the visitor does not pass a health screening or refuses to comply with the
provider's infection control protocols.
(5) Providers shall submit their visitation policies to the Department of Health by January 1 each year for approval. If the Department of Health finds any provision of a provider's visitation policy deficient or not in compliance with this section or the department's rules, the provider must submit an updated policy conforming such provision within thirty (30) days after the department's notice.
(6) Providers must notify clients and, if possible, their family members or caregivers of their visitation rights under this section and provide them with the contact information for the Department of Health and the link to the dedicated webpage on the department's website specified in subsection (7).
(7) The Department of Health must dedicate a webpage on its website to explain visitation rights authorized under this section and provide a method for individuals to report violations of this section to the department. The department shall investigate a report of a violation within 30 days after receiving the report.
(8) If a provider does not correct a violation in the time specified by the Department of Health or repeats a violation, the Department of Health shall impose an administrative fine of at least Five Hundred Dollars ($500.00) per violation. Each occurrence and each day that the violation continues constitutes a separate violation.
(9) The Department of Health shall adopt rules to implement this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.