Authorizes hospital patient with developmental disabilities to have designated family member, guardian, direct support professional, or other caregiver accompany patient throughout hospital stay.
What changed between versions
The original absolute right to be accompanied throughout the hospital stay (with only a surgical exception) was replaced with accompaniment 'in accordance with hospital policies necessary to ensure patient safety, privacy, infection control, and clinical care,' giving hospitals broad discretion to limit the right.
New provision explicitly exempts behavioral health treatment units and other secure clinical areas from the accompaniment right where presence would conflict with federal or state privacy protections, patient safety requirements, or facility security protocols.
New provision allows hospitals to temporarily limit or revoke a designated person's presence when necessary to protect health or safety of patients/staff, maintain privacy or confidentiality, comply with infection control protocols or public health emergency requirements, or ensure safe delivery of clinical care.
New provision requires hospitals to record designations consistent with their existing medical record and patient visitor documentation procedures.
New provision clarifies that a designation under the act does not confer decision-making authority unless the designated individual is already authorized as a guardian, health care representative, or legally authorized decision-maker under other law.
The entire Section 2 definitions section (defining 'caregiver' and other terms) was deleted from the bill.
New provision limits patients to designating one caregiver at a time for accompaniment purposes.
Effective date changed from 'immediately' to '365 days following enactment,' giving a full year for hospitals and the Department of Health to prepare before the law takes effect.
