HF 5264

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:51pm

A bill for an act
relating to health; establishing a right of patients and residents to have a support
person present when receiving health care services; establishing a civil penalty;
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 [144.6514] RIGHT OF PATIENTS AND RESIDENTS TO SUPPORT
PERSON.
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 "No Patient Left Alone Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Facility" means:
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new text begin (1) a hospital; or
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new text begin (2) a nonacute care facility, including a nursing home or boarding care home, that
provides care needed because of prolonged mental or physical illness or disability, recovery
from injury or disease, or advancing age.
new text end

new text begin (c) "Patient" means an individual who is receiving health care services in a hospital.
new text end

new text begin (d) "Resident" means an individual who is residing in a nonacute care facility, including
a nursing home or boarding care home, that provides care needed because of prolonged
mental or physical illness or disability, recovery from injury or disease, or advancing age.
new text end

new text begin (e) "Support person" means an individual necessary to provide compassionate care to a
patient or resident, including but not limited to:
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new text begin (1) an individual requested to meet the physical, cognitive, mental health, companionship,
spiritual, or social needs of the patient or resident;
new text end

new text begin (2) an individual requested in an end-of-life situation;
new text end

new text begin (3) a clergy member or lay person offering religious or spiritual support; or
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new text begin (4) an individual providing a service requested by the patient or resident, such as a
hairdresser or barber.
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new text begin Subd. 3. new text end

new text begin General rule. new text end

new text begin Except as provided in subdivision 8, a facility must allow, at a
minimum, one support person of the patient's or resident's choice to be physically present
while the patient or resident is receiving health care services.
new text end

new text begin Subd. 4. new text end

new text begin Policies and procedures; notice of rights. new text end

new text begin (a) A facility must have written
policies and procedures regarding a patient's or resident's right to have a support person
present during treatment, including provisions describing any clinically necessary or
reasonable restrictions the facility may place on access to the patient or resident and the
reason for each restriction. A facility must inform each patient or resident and each support
person, as appropriate, of the patient's or resident's right to have a support person present,
including any restriction on that right, and must ensure that a support person enjoys full and
equal visitation privileges consistent with patient or resident preferences and the facility's
policies and procedures. A facility must have written policies and procedures regarding
complaints and must make available to patients or residents and support persons, the contact
information for the facility staff members tasked with investigating violations of this section
and the Office of Ombudsman for Long-Term Care.
new text end

new text begin (b) For purposes of this section, policies and procedures are subject to the following:
new text end

new text begin (1) the support person of a minor patient or resident may not be subject to visitation
hours, except as provided in subdivision 8;
new text end

new text begin (2) a facility must provide a support person with maximum access to the patient or
resident who requested the support person, including by offering evening and weekend
visits;
new text end

new text begin (3) in end-of-life or nearing end-of-life situations, every effort should be made for all
support persons requested by the patient or resident to be accommodated, in reasonably
sized groups of six or less at a time, with no age restrictions;
new text end

new text begin (4) when a parent or guardian of a minor is a patient or resident, the support person must
be permitted to bring the minor to the facility in the event no child care is available;
new text end

new text begin (5) if the facility limits the number of support persons allowed to be present with a patient
or resident, the facility must allow a clergy member or lay person offering religious or
spiritual support to be physically present, in addition to the number of support persons
allowed;
new text end

new text begin (6) in the event of a pandemic, a facility must identify one or more ways for
compassionate care visitation, including personal contact, that minimize the risk of infection
to patients or residents; and
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new text begin (7) when all feasible options for the physical presence of a support person have been
exhausted, a virtual option for visitation by a support person must be offered, except as
provided in subdivision 8.
new text end

new text begin (c) In the event of an emergency declared by the governor, a facility may enforce infection
control practices for support persons, including but not limited to hand washing or wearing
a mask or gown, on a situational basis while assuring a patient's or resident's right to have
a support person present while receiving health care services.
new text end

new text begin Subd. 5. new text end

new text begin Limitation of rights. new text end

new text begin (a) A patient or resident must not be required to waive
the rights provided under this section.
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new text begin (b) A patient or resident must not be required to consent to additional conditions, such
as executing a health care directive or agreeing to a "do not resuscitate" or similar order, as
a condition of having a support person present while the patient or resident is receiving
health care services.
new text end

new text begin (c) In the event: (1) a patient or resident is incapacitated or otherwise unable to
communicate the patient's or resident's wishes; and (2) an individual provides a health care
directive designating the individual as the patient's or resident's support person, designating
the individual to exercise health care power of attorney, or otherwise indicating the individual
is authorized to exercise rights covered by this section on behalf of the patient or resident,
the facility must accept this designation and allow the individual to exercise the patient's or
resident's support person rights on the patient's or resident's behalf.
new text end

new text begin (d) The rights specified in this section may not be terminated, suspended, or waived by
the facility, the commissioner of health, or any governmental entity, notwithstanding a
declaration of emergency declared by the governor.
new text end

new text begin Subd. 6. new text end

new text begin Violations; penalty. new text end

new text begin A facility that knowingly or willfully violates this section
is subject to a civil penalty of $500 for each day of violation.
new text end

new text begin Subd. 7. new text end

new text begin Liability of facility. new text end

new text begin Unless expressly required under federal law or regulation,
no action shall be taken against a facility for:
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new text begin (1) giving a support person access to the facility;
new text end

new text begin (2) failing to protect or otherwise ensure the safety or comfort of a support person given
access to the facility;
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new text begin (3) choosing not to follow the guidelines of the Centers for Disease Control and
Prevention or other national guidelines that require or recommend restricting support person
access; or
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new text begin (4) the acts or omissions of a support person who is given access to the facility.
new text end

new text begin Subd. 8. new text end

new text begin Exceptions. new text end

new text begin (a) A facility is not required to allow a support person:
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new text begin (1) to enter an operating room, isolation room, isolation unit, behavioral health setting
for a short-term stay, or other typically restricted area;
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new text begin (2) to remain present during the administration of emergency care in critical situations;
or
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new text begin (3) access beyond the rooms, units, or wards in which the patient or resident the support
person is visiting is receiving health care services or beyond general common areas in the
facility.
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new text begin (b) A facility may restrict a support person's access:
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new text begin (1) at the request of the patient or resident or of a law enforcement agency;
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new text begin (2) due to a court order;
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new text begin (3) if the support person has symptoms of a transmissible infection;
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new text begin (4) if the support person is determined to be a danger to the patient or resident;
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new text begin (5) if the support person is suspected to have abused the patient or resident;
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new text begin (6) if the support person is engaging in threatening or violent behavior toward a staff
member of the facility, a patient or resident, or another visitor, and the facility has attempted
and documented education and de-escalation techniques; or
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new text begin (7) if the support person is not compliant with facility policy.
new text end

new text begin (c) This section does not apply to designated support persons for pregnant patients
governed by section 144.651, subdivision 10a.
new text end