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
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2330XS
(5)
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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
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pf/rh
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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
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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
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2330XS
(5)
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pf/rh
4/
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