Bill Text: IA SCR5 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A concurrent resolution encouraging the United States Congress to provide flexibility to the states in determining visitation practices in nursing facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-05-20 - Referred to State Government. H.J. 1203. [SCR5 Detail]

Download: Iowa-2021-SCR5-Introduced.html
Senate Concurrent Resolution 5 - Introduced SENATE CONCURRENT RESOLUTION NO. 5 BY CHAPMAN A Concurrent Resolution encouraging the United States 1 Congress to provide flexibility to the states 2 in determining visitation practices in nursing 3 facilities. 4 WHEREAS, older people, people with disabilities, 5 and people in congregate settings are particularly 6 vulnerable to and at higher risk for contracting 7 communicable diseases, including COVID-19; and 8 WHEREAS, the COVID-19 pandemic has had a 9 disproportionate impact on all long-term care 10 facilities accounting for 36 percent of the COVID-19 11 deaths in the United States; and 12 WHEREAS, even before the COVID-19 pandemic, 13 infection prevention and control deficiencies were the 14 most common type of deficiency cited in one or more 15 years for nursing facilities surveyed between 2013 and 16 2017; and 17 WHEREAS, based on this history, the Centers for 18 Medicare and Medicaid of the United States Department 19 of Health and Human Services (CMS) issued guidance in 20 March 2020 to reduce the spread of COVID-19 in nursing 21 facilities including strictly limiting visitation, 22 suspending communal dining and group activities for 23 residents, screening residents daily for fever and 24 other COVID-19 symptoms, screening anyone entering the 25 building for COVID-19 symptoms, observing flexible 26 leave policies for staff members, and requiring all 27 staff to wear masks; and 28 -1- LSB 2330XS (5) 89 pf/rh 1/ 4
S.C.R. 5 WHEREAS, in September 2020, CMS issued updated 1 guidance urging nursing facilities that are not 2 actively battling COVID-19 outbreaks to welcome 3 visitors under less restrictive conditions; and 4 WHEREAS, while it is important for the health 5 and safety of all residents that nursing facilities 6 may still restrict visitation due to the COVID-19 7 county positivity rate, the facility’s COVID-19 8 status, a resident’s COVID-19 status, visitor COVID-19 9 symptoms, lack of adherence to proper infection control 10 practices, or other relevant factors related to the 11 COVID-19 pandemic; a nursing facility may now not 12 restrict visitation without a reasonable clinical or 13 safety cause; and 14 WHEREAS, residents’ rights and protections under 15 federal and state law include being treated with 16 dignity and respect; being free from abuse, neglect, 17 and discrimination; having friends and family visit and 18 participate in their care; taking part in activities; 19 making complaints without fear of punishment; receiving 20 proper medical care; and notifying a doctor, family 21 member, or legal representative of changes in a 22 resident’s condition or treatment; and 23 WHEREAS, any visitation restrictions must balance 24 resident and staff safety with quality of life; and 25 WHEREAS, physical separation from family and other 26 loved ones has taken a physical and emotional toll on 27 residents, with residents feeling socially isolated, 28 leading to increased risk for depression, anxiety, and 29 other expressions of distress; and 30 -2- LSB 2330XS (5) 89 pf/rh 2/ 4
S.C.R. 5 WHEREAS, residents living with cognitive impairment 1 or other disabilities may find visitor restrictions and 2 other ongoing changes related to COVID-19 confusing or 3 upsetting; and 4 WHEREAS, residents derive value from the physical, 5 emotional, and spiritual support they receive through 6 visitation from family and friends; and 7 WHEREAS, while nursing facilities are regulated by 8 the federal government, state surveyors provide the 9 day-to-day, ongoing inspection and oversight on behalf 10 of the federal government necessary to deem a nursing 11 facility compliant with federal and state laws and 12 regulations; and 13 WHEREAS, such established state-based oversight has 14 forged strong professional relationships and lines of 15 communication between state regulatory entities and 16 nursing facilities; and 17 WHEREAS, while required core infection control 18 and safety principles and best practices must be 19 maintained, with over 430 nursing facilities in the 20 state located in both rural and urban areas, variation 21 in each nursing facility’s structure, staffing, 22 supplies, resident population, and residents’ needs 23 should be considered in addressing residents’ rights 24 and protections, including visitation policies; and 25 WHEREAS, each state should be allowed the 26 flexibility to develop reasonable ways for nursing 27 facilities within the state to safely facilitate 28 in-person visitation to address the psychosocial needs 29 of residents; and 30 -3- LSB 2330XS (5) 89 pf/rh 3/ 4
S.C.R. 5 WHEREAS, states are in a better position to provide 1 ongoing, hands-on guidance to nursing facilities 2 located within the state; NOW THEREFORE, 3 BE IT RESOLVED BY THE SENATE, THE HOUSE OF 4 REPRESENTATIVES CONCURRING, That the Iowa General 5 Assembly urges the Congress of the United States to 6 approve legislation to allow states flexibility in 7 determining visitation parameters that balance the 8 rights of residents with necessary safety precautions 9 that ensure the health and safety of all residents and 10 the general public. 11 -4- LSB 2330XS (5) 89 pf/rh 4/ 4
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