House Bill 592

AN ACT TO BE KNOWN AS THE "NO PATIENT LEFT ALONE ACT;" TO PROVIDE THAT THIS ACT APPLIES TO LICENSED HOSPITALS, NURSING FACILITIES, INTERMEDIATE CARE FACILITIES FOR THE INTELLECTUALLY DISABLED, PERSONAL CARE HOMES, ASSISTED LIVING FACILITIES AND HOSPICE FACILITIES; TO REQUIRE EACH PROVIDER TO ESTABLISH VISITATION POLICIES AND PROCEDURES AND SPECIFY THE MINIMUM TOPICS THAT SUCH POLICIES AND PROCEDURES MUST INCLUDE; TO PROVIDE THAT SAFETY-RELATED POLICIES AND PROCEDURES MAY NOT BE MORE STRINGENT THAN THOSE ESTABLISHED FOR THE PROVIDER'S STAFF AND MAY NOT REQUIRE VISITORS TO SUBMIT PROOF OF ANY VACCINATION OR IMMUNIZATION; TO PROVIDE THAT THE POLICIES AND PROCEDURES MUST ALLOW CONSENSUAL PHYSICAL CONTACT BETWEEN A RESIDENT, CLIENT, OR PATIENT AND THE VISITOR; TO PROVIDE THAT AN ADULT RESIDENT, CLIENT, OR PATIENT MAY DESIGNATE A VISITOR(S) WHO IS A FAMILY MEMBER, FRIEND, GUARDIAN, OR OTHER INDIVIDUAL AS AN ESSENTIAL CAREGIVER(S); TO PROVIDE THAT THE PROVIDER MUST ALLOW IN-PERSON VISITATION BY THE ESSENTIAL CAREGIVER(S) FOR AT LEAST TWO HOURS DAILY IN ADDITION TO ANY OTHER VISITATION AUTHORIZED BY THE PROVIDER; TO SPECIFY THE CIRCUMSTANCES IN WHICH THE VISITATION POLICIES AND PROCEDURES MUST ALLOW IN-PERSON VISITATION; TO AUTHORIZE PROVIDERS TO SUSPEND IN-PERSON VISITATION BY A SPECIFIC VISITOR IF THE VISITOR VIOLATES THE PROVIDER'S POLICIES AND PROCEDURES; TO REQUIRE THE PROVIDERS TO PROVIDE THEIR VISITATION POLICIES AND PROCEDURES TO THE STATE DEPARTMENT OF HEALTH WHEN APPLYING FOR INITIAL LICENSURE, LICENSURE RENEWAL, OR CHANGE OF OWNERSHIP; TO REQUIRE PROVIDERS TO MAKE THE VISITATION POLICIES AND PROCEDURES AVAILABLE TO THE DEPARTMENT FOR REVIEW AT ANY TIME, UPON REQUEST; TO REQUIRE THE DEPARTMENT TO DEDICATE A STAND-ALONE PAGE ON ITS WEBSITE TO EXPLAIN THE VISITATION REQUIREMENTS OF THIS ACT AND PROVIDE A LINK TO THE DEPARTMENT'S WEBPAGE TO REPORT COMPLAINTS; TO PROVIDE THAT THE RIGHTS SPECIFIED IN THIS ACT 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; 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) This section applies to the following providers:

(a) Hospitals licensed under Section 41-9-1 et seq.;

(b) Nursing facilities, intermediate care facilities for the intellectually disabled, personal care homes and assisted living facilities licensed under Section 43-11-1 et seq.; and

(3) (a) Not later than thirty (30) days after the effective date of this act, each provider shall establish visitation policies and procedures. The policies and procedures must, at a minimum, include infection control and education policies for visitors; screening, personal protective equipment, and other infection control protocols for visitors; permissible length of visits and numbers of visitors, and designation of a person responsible for ensuring that staff adhere to the policies and procedures. Safety-related policies and procedures may not be more stringent than those established for the provider's staff and may not require visitors to submit proof of any vaccination or immunization. The policies and procedures must allow consensual physical contact between a resident, client, or patient and the visitor.

(b) An adult resident, client, or patient may designate a visitor(s) who is a family member, friend, guardian, or other individual as an essential caregiver(s). An essential caregiver(s) may be designated orally by the resident, client, or patient, or designated in a written document signed by the resident, client, or patient, doctor and witnessed by an adult. The provider must allow in-person visitation by the essential caregiver(s) for at least two (2) hours daily in addition to any other visitation authorized by the provider. This section does not require an essential caregiver(s) to provide necessary care to a resident, client, or patient of a provider, and providers may not require an essential caregiver(s) to provide such care.

(c) The visitation policies and procedures required by this section must allow in-person visitation in all of the following circumstances, unless the resident, client, or patient objects:

(i) End-of-life situations;

(ii) A resident, client, or patient who was living with family before being admitted to the provider's care is struggling with the change in environment and lack of in-person family support;

(iii) The resident, client, or patient is making one or more major medical decisions;

(iv) A resident, client, or patient is experiencing emotional distress or grieving the loss of a friend or family member who recently died;

(v) A resident, client, or patient needs cueing or encouragement to eat or drink which was previously provided by a family member or caregiver;

(vi) A resident, client, or patient who used to talk and interact with others is seldom speaking;

(vii) For hospitals, childbirth, including labor and delivery;

(viii) Pediatric patients; and

(ix) Any other circumstance that the State Department of Health or the designated essential caregiver(s) of the resident, client, or patient deems appropriate.

(d) The policies and procedures may require a visitor to agree in writing to follow the provider's policies and procedures. A provider may suspend in-person visitation by a specific visitor if the visitor violates the provider's policies and procedures.

(e) The providers shall provide their visitation policies and procedures to the State Department of Health when applying for initial licensure, licensure renewal, or change of ownership. The provider must make the visitation policies and procedures available to the department for review at any time, upon request.

(f) Within twenty-four (24) hours after establishing the policies and procedures required under this section, providers must make such policies and procedures easily accessible from the homepage of their websites.

(4) The State Department of Health shall dedicate a stand-alone page on its website to explain the visitation requirements of this section and provide a link to the department's webpage to report complaints.

(5) 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.