South Dakota 2023 Regular Session

South Dakota House Bill HB1216

Introduced
2/1/23  

Caption

Establish and revise requirements related to visitation policies and procedures for certain facilities.

Impact

The bill specifically emphasizes the right of residents to receive visitors and addresses infection control measures that must be implemented to safeguard residents and visitors. The policies that facilities must adopt include provisions for screening and personal protective equipment, visiting hours, and the number of guests allowed. Moreover, the bill incorporates guidelines for compassionate care visits for residents who meet specific criteria, such as being at the end of life or experiencing significant emotional distress.

Summary

House Bill 1216, introduced by Representative Overweg, aims to establish and revise visitation policies and procedures for various healthcare facilities, including intermediate care facilities, residential hospice facilities, and assisted living facilities. The bill mandates these facilities to allow visitation of residents to the fullest extent permitted under applicable regulations from the CDC, CMS, or any federal law but prohibits requiring vaccination proof as a condition for visitation. This aims to ensure that residents can maintain connections with their loved ones while balancing safety protocols.

Contention

Despite its positive intentions, the bill has raised some concerns among certain advocacy groups. Critics argue that while addressing visitation rights is crucial, the language of the bill may lack clarity on enforcement and provide insufficient guarantees for resident safety during infectious outbreaks. Another point of contention is the balance between maintaining safety protocols and ensuring residents' rights to family support, especially in times of crisis.

Additional_info

The bill also requires facilities to develop alternative visitation policies in case federal guidelines restrict visitations. These policies need to be evaluated every thirty days, providing transparency and encouraging feedback from residents and their families. This provision is meant to ensure that any limitations are justified and communicated effectively to all parties involved.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1478

In-person visitation; policies and procedures at certain facilities.

SD S785

Establishes "New Jersey No Patient Left Alone Act"; requires certain facilities to establish policies guaranteeing visitation rights for facility residents.

SD HB296

State correctional facilities; visitation policies, reports.

SD SB276

State correctional facilities; visitation policies, annual report.

SD A3779

Establishes testing and visitation requirements and employment restrictions for long-term care facilities in response to outbreaks of infectious disease.

SD HB173

State correctional facilities; visitation policies, annual report.

SD A2471

Requires long-term care facilities to develop person-centered care plans for residents and establishes right to certain forms of visitation for long-term care residents.

SD S2814

Requires long-term care facilities to develop person-centered care plans for residents and establishes right to certain forms of visitation for long-term care residents.

SD HF3935

Policies and procedures required at assisted living facilities modified, and training requirements for unlicensed personnel at assisted living facilities modified.

SD SB1645

Medicaid; establishing certain requirements and procedures for audits of providers; directing establishment of certain appeals. Effective date.

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