Bill Text: CA AB2549 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Patient visitation.
Spectrum: Moderate Partisan Bill (Republican 16-4)
Status: (Vetoed) 2024-09-20 - Vetoed by Governor. [AB2549 Detail]
Download: California-2023-AB2549-Introduced.html
domestic partner, spouse or domestic partner, the patient’s children, the patient’s parents, the patient’s grandchildren, the patient’s grandparents, the children of the patient’s spouse or domestic partner, and the spouse or domestic partner of the patient’s parent or child to visit, unless one
either of the following is met:
Bill Title: Patient visitation.
Spectrum: Moderate Partisan Bill (Republican 16-4)
Status: (Vetoed) 2024-09-20 - Vetoed by Governor. [AB2549 Detail]
Download: California-2023-AB2549-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2549
| Introduced by Assembly Member Gallagher |
February 14, 2024 |
An act to amend Section 1261 of, and to add Article 4 (commencing with Section 131240) to Chapter 2 of Part 1 of Division 112 of, the Health and Safety Code, relating to patient visitation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2549, as introduced, Gallagher.
Patient visitation.
Existing law requires a health facility to allow a patient’s domestic partner, the children of the patient’s domestic partner, and the domestic partner of the patient’s parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit.
This bill would require a health facility to allow specified persons to visit, including the patient’s children and grandparents. The bill would require the health facility to develop alternate visitation protocols, if circumstances require the health
facility to restrict public access to the facility due to health or safety concerns, that allow visitation to the greatest extent possible while maintaining client health and safety. Notwithstanding the requirement mentioned above, the bill would prohibit a health facility from prohibiting in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.
This bill would require the State Department of Public Health to, no later than July 1, 2025, and in consultation with the State Department of Social Services, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals, skilled nursing facilities, intermediate care facilities, and adult and senior care residential facilities licensed by the State Department of Social Services. The bill would prohibit the guidance provided from including a prohibition on visitation rights, and
requires the guidance to explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.
This bill would require all hospitals, skilled nursing facilities, intermediate care facilities, and adult and senior care residential facilities licensed by the State Department of Social Services to adopt visitation policies in compliance with the department’s guidance no later than January 1, 2026.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1261 of the Health and Safety Code is amended to read:1261.
(a) A health facility shall allow a patient’s(1) No visitors are allowed.
(2)
(1) (A) The facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility.
(3)
(B) If circumstances require the health facility to restrict public access to the facility due to health or safety concerns, the health facility shall develop alternate visitation protocols that allow visitation to the greatest extent possible while maintaining client health and safety.
(2) The patient has indicated to the health facility staff that the patient does not want this person to visit.
(b) Notwithstanding paragraph (1) of subdivision (a), a health facility shall not prohibit in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit.
(b)
(c) This section may shall not be construed to prohibit a health facility from otherwise establishing reasonable restrictions upon visitation, including restrictions upon the hours of visitation and number of visitors.
(c)
(d) For purposes of this section, “domestic partner” has the same meaning as that term is used in Section 297 of the Family Code.
SEC. 2.
Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read:Article 4. Patient Visitation Rights Act
131240.
This act shall be known, and may be cited, as the Patient Visitation Rights Act.131241.
The legislature finds and declares all of the following:(a) Prior to the COVID-19 pandemic, there was widespread consensus and acknowledgment of the benefits and value of hospital visitation and the crucial role visitation plays in patient recovery, comfort, and healing.
(b) Flexible intensive care unit visiting hours have been shown to reduce patient anxiety and delirium.
(c) Visitors and care partners play a vital role in patient care, having crucial knowledge of patient health history, assisting with patient decisionmaking, and helping provide discharge care and planning.
(d) Open and flexible visitation policies have multiple benefits and improve the patient and family experience, reduce patient stress and anxiety, and even reduce cardiovascular complications.
(e) During the COVID-19 pandemic, many families were unable to be physically present with their loved ones while they were in a hospital, long-term care facility, or residential treatment setting.
(f) Due to restrictions on visitation, many died in isolation and family members were unable to say their final goodbyes.
(g) The Patient’s Bill of Rights, established as part of the Affordable Care Act, recognized the vital role of visitation by codifying visitation rights in the Code of Federal Regulations.
(h) Federal regulations require hospitals to
provide written policies and procedures regarding visitation rights, and any restriction on visitation must be clinically justified.
(i) It is the intent of the legislature to protect patient visitation rights and to prevent unnecessary restrictions on visitation.
131242.
(a) (1) The State Department of Public Health shall, no later than July 1, 2025, and in consultation with the State Department of Social Services, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals, skilled nursing facilities, intermediate care facilities, and adult and senior care residential facilities licensed by the State Department of Social Services.(2) The guidance provided under this section shall not include a prohibition on visitation rights.
(3) The guidance shall explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the
overall quality of care.
(b) The State Department of Public Health, in consultation with the State Department of Social Services, shall regularly review and, if necessary, update the regulations in response to specific conditions of a public health event. The updates shall be based on the latest scientific evidence, epidemiological data, and the evolving nature of the public health crisis.
(c) All hospitals, skilled nursing facilities, intermediate care facilities, and adult and senior care residential facilities licensed by the State Department of Social Services shall adopt visitation policies in compliance with the provided guidance no later than January 1, 2026.
