Bill Amendment: WV HB2368 | 2021 | Regular Session
Bill Title: Mylissa Smith’s Law, creating patient visitation privileges
Status: 2021-05-20 - Chapter 220, Acts, Regular Session, 2021 [HB2368 Detail]
Download: West_Virginia-2021-HB2368-HB2368_S_H_HR_AM_1.html
HB2368 S H&HR AM #1
Dellinger 7965
The Committee on Health and Human Resources moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 39. PATIENT SAFETY AND VISITATION ACT.
§16-39-1. Short title.
This article may be cited as the "Patient Safety Act of 2001." The amendments made to this article during the 2021 Regular Session of the Legislature shall be known as "Mylissa Smith's Law."
§16-39-2. Legislative findings and purpose.
[Repealed.]
§16-39-3. Definitions.
For purposes of this article:
(1)
"Appropriate authority" means a federal, state, county, or municipal
government body, agency or organization having jurisdiction over criminal law
enforcement, regulatory violations, professional conduct or ethics, or waste or
any member, officer, agent, representative, or supervisory employee thereto
thereof;
(2) "Commissioner" means the commissioner of the division of health;
(3) "Direct patient care" means health care that provides for the physical, diagnostic, emotional, or rehabilitational needs of a patient or health care that involves examination, treatment, or preparation for diagnostic tests or procedures.
(4) "Discrimination or retaliation" includes any threat, intimidation, discharge or any adverse change in a health care worker's position, location, compensation, benefits, privileges, or terms or conditions of employment that occurs as a result of a health care worker engaging in any action protected by this article.
(5) "Good faith report" means a report of conduct defined in this article as wrongdoing or waste that is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.
(6) "Health care entity" includes a health care facility, such as a hospital, clinic, nursing facility, or other provider of health care services.
(7) "Health care worker" means a person who provides direct patient care to patients of a health care entity and who is an employee of the health care entity, a subcontractor or independent contractor for the health care entity, or an employee of such subcontractor or independent contractor. The term includes, but is not limited to, a nurse, nurse's aide, laboratory technician, physician, intern, resident, physician assistant, physical therapist, or other such person who provides direct patient care.
(8) "Waste" means the conduct, act, or omission by a health care entity that results in substantial abuse, misuse, destruction, or loss of funds, resources, or property belonging to a patient, a health care entity, or any federal or state program.
(9) "Wrongdoing" means a violation of any law, rule, regulation, or generally recognized professional or clinical standard that relates to care, services, or conditions and which potentially endangers one or more patients or workers or the public.
(10) "Healthcare facility" means:
(A) A hospital licensed pursuant to §16-5B-1 et seq. of this code;
(B) A nursing home licensed pursuant to §16-5C-1 et seq. of this code;
(C) An assisted living residence licensed pursuant to §16-5D-1 et seq. of this code; and
(D) Hospice licensed pursuant to §16-5I-1 et seq. of this code.
(11) "Patient" means a person living or receiving services as an inpatient at a healthcare facility.
(12) "Public Health State of Emergency" means a federal or state declaration of a state of emergency arising from or relating to a public health crisis.
(13) "Visitor" means any visitor from the patient's family, hospice and/or clergy visiting a patient in a healthcare facility.
§16-39-8. Visitation of a patient in a health care entity.
(a) During a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation of a patient in a manner consistent with applicable federal and state laws, regulations, policies, and guidance. If the patient's death is imminent, visitation shall be allowed upon request at any time and frequency. In all other instances, visitation shall be allowed not less than once every five days.
(b) A visitor shall comply with the applicable procedures established by the health care facility.
(c) A visitor failing to comply with applicable procedures established by the health care facility may be denied entry to the health care facility, may be subject to expulsion from the facility, or may have visitation rights permanently revoked.
(d) A healthcare facility is not liable to a person visiting another person, nor to any other patient or resident of the healthcare facility, for any civil damages for injury or death resulting from or related to actual or alleged exposure during the course of, or through the performance of, the visitation in compliance with this section unless the healthcare facility failed to substantially comply with the applicable health and safety procedures established by the healthcare facility.
Adopted
Rejected
