HF 3271

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/19/2023 08:38am

A bill for an act
relating to health; establishing the William Shegstad Healthcare Advocates Act;
providing civil penalties; proposing coding for new law in Minnesota Statutes,
chapter 144.

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

Section 1.

new text begin [144.6511] WILLIAM SHEGSTAD HEALTHCARE ADVOCATES ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "William Shegstad Healthcare
Advocates Act."
new text end

new text begin Subd. 2. new text end

new text begin Right to patient advocate. new text end

new text begin (a) Each patient has a right to have a patient advocate
present while the patient is receiving treatment in a clinic or hospital setting. The patient
advocate may be an immediate family member, a patient representative authorized by the
patient, or the patient's power of attorney. This requirement applies 24 hours per day as
determined by the patient or patient advocate.
new text end

new text begin (b) This subdivision does not apply to outpatient surgical centers. A facility under this
section is not required to allow a patient advocate to enter an operating room, isolation
room, isolation unit, behavioral health setting, or other restricted area or to remain present
during emergency care during a critical health care event. For patients in a behavioral health
setting, the patient advocate shall not be denied at least one visit a day. The patient advocate
shall not be denied access to the patient due to the patient advocate's vaccination status. A
patient admitted to a facility for COVID-19, along with the patient's advocate, must be given
the facility's COVID-19 protocol in writing.
new text end

new text begin Subd. 3. new text end

new text begin Compliance with the Americans with Disability Act (ADA). new text end

new text begin Health care
providers must follow all provisions of the ADA under United States Code, title 42, section
12101, as well as ensuring that patients who are confused or hard of hearing are able to
view the provider's mouth if the provider is wearing personal protective equipment or a
powered air-purifying respirator to ensure reorientation for a patient who is confused and
to aid communication for a patient who is hard of hearing.
new text end

new text begin Subd. 4. new text end

new text begin Right to try. new text end

new text begin (a) Notwithstanding a facility's or clinic's policies and procedures,
a patient with recommendations from the patient's health care provider has the right to try
alternative early treatment and procedures for a medical condition. The right to try includes
electing early treatment options even if the medications or procedures the patient elects to
try are not FDA approved, but may be considered off-label use. For purposes of this
subdivision, "off label" means prescribing a drug or treatment for a medical condition other
than for one which the medication or treatment has been officially approved. A patient has
the right to try regardless of immunity or vaccination status, social or economic status, or
political affiliations.
new text end

new text begin (b) Unless privately owned, a medical practice that receives Medicare or Medicaid shall
not deny a patient health care, medical treatment, surgery, office visits, and laboratory or
x-ray screening based on vaccination status.
new text end

new text begin (c) A patient must be given options if the patient requests to complete the patient's care
at home and hospice must be offered as an alternative to a hospital death.
new text end

new text begin Subd. 5. new text end

new text begin Vaccination status; staffing. new text end

new text begin (a) Unlawful vaccination status mandates for
hospital employees and health care workers that create a shortage of health care staff,
including but not limited to providers and ancillary staff, and that interfere with providing
patient care is prohibited.
new text end

new text begin (b) Health care facilities and health care systems shall make a daily bed count available
determined by the facility's ability to house patients for health care treatment and must also
make available the correlating staffing numbers to care for patients.
new text end

new text begin Subd. 6. new text end

new text begin Liability of provider. new text end

new text begin Unless expressly required by federal law or regulation,
no disciplinary action shall be taken by a facility or licensing body against a provider who
prescribes off-label medications or treatments in cooperation with the patient or patient's
advocate's request for off-label medication and treatment.
new text end

new text begin Subd. 7. new text end

new text begin Penalties. new text end

new text begin (a) Health facilities with staff shortages created by mandatory
immunization mandates for staff shall be imposed a civil penalty of $....... per daily violation.
new text end

new text begin (b) A health care facility that terminates an employee based on vaccination status or
segregates or singles out employees or patients based on vaccination status, including but
not limited to badge clips, weekly testing, and mandatory or compulsory PPE use that is
not required for all employees or patients regardless of vaccination status, shall be fined a
civil penalty of $....... for each violation. Facility administration and state government
agencies shall not impose penalties on health care providers or patients for the providers'
or patients' freedom of choice regarding vaccination.
new text end