24 HB 663/AP
House Bill 663 (AS PASSED HOUSE AND SENATE)
By: Representatives Hatchett of the 155
th
, Smith of the 138
th
, Pirkle of the 169
th
, Jones of the
25
th
, Taylor of the 173
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to
1
regulation and construction of hospitals and other health care facilities, so as to establish2
certain rights of minors and adults admitted to hospitals and long-term care facilities; to3
provide for definitions; to authorize designated essential caregivers; to authorize hospitals4
and long-term care facilities to require designated essential caregivers and visitors to wear5
personal protective equipment; to provide for statutory construction; to provide that certain6
rights may not be waived or terminated; to require hospitals and long-term care facilities to7
post certain information on their websites; to prohibit certain actions by state agencies8
against hospitals and long-term care facilities; to provide for a short title; to provide for9
related matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
This Act shall be known and may be cited as the "No Patient Left Alone Act."13
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SECTION 2.
14
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and15
construction of hospitals and other health care facilities, is amended by adding a new article16
to read as follows:17
"ARTICLE 1618
31-7-430.19
As used in this article, the term:20
(1) 'Designated essential caregiver' means a person who is age 18 years old or older and21
who has been designated by a patient or resident who is an adult, or by a parent, guardian,22
or person standing in loco parentis for a patient or resident who is a minor, to assist with23
such patient's or resident's personal needs and activities and to support the health,24
healthcare, long-term care, and overall well-being of such patient or resident. Unless25
otherwise designated by an adult patient or resident, such designated essential caregiver26
shall be the person authorized and empowered to act on behalf of the patient or resident27
pursuant to Code Section 31-9-2.28
(2) 'Hospital' means a hospital licensed pursuant to this chapter.29
(3) 'Long-term care facility' means a skilled nursing home, intermediate care home,30
personal care home, assisted living community, community living arrangement, or31
inpatient hospice facility licensed or permitted to operate pursuant to this chapter.32
(4) 'Visitor' means any individual authorized by an adult patient, resident, or designated33
essential caregiver of such patient or resident to have access to in-person visitation in a34
hospital or long-term care facility with such patient or resident.35
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31-7-431.
36
(a) A minor who is admitted to a hospital or long-term care facility shall have the right to37
have a parent, guardian, person standing in loco parentis, or other designated essential38
caregiver who shall be allowed to be physically present at all times while the minor patient39
or resident is in such hospital or long-term care facility. Such parent, guardian, person40
standing in loco parentis, or other designated essential caregiver shall be required to41
comply with all hospital or long-term care facility policies, rules of conduct, and reasonable42
safety protocols, including wearing personal protective equipment provided by the hospital43
or long-term care facility.44
(b) An adult who is admitted to a hospital or long-term care facility shall have the right to45
have a designated essential caregiver who shall be allowed to be physically present at all46
times while the adult patient or resident is in such hospital or long-term care facility. Such47
designated essential caregiver shall be required to comply with all hospital or long-term48
care facility policies, rules of conduct, and reasonable safety protocols, including wearing49
personal protective equipment provided by the hospital or long-term care facility.50
(c) Nothing in this Code section shall be construed to require a hospital or long-term care51
facility to allow a designated essential caregiver to enter an operating room, isolation room,52
isolation unit, behavioral health setting, or other typically restricted area or to remain53
present during the administration of emergency care. Nothing in this Code section shall54
be construed to require a hospital or long-term care facility to allow a designated essential55
caregiver access beyond the rooms, units, or wards in which the patient or resident is56
receiving care or residing, beyond general common areas in the hospital or long-term care57
facility, or in areas of the hospital or long-term care facility where the presence of58
unauthorized persons may be a safety or security risk.59
(d) A hospital or long-term care facility may suspend or terminate the access of a60
designated essential caregiver:61
(1) Upon the request of the adult patient or resident;62
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(2) For noncompliance with hospital or long-term care facility policy;
63
(3) For failure to comply with reasonable safety protocols or rules of conduct;64
(4) If the designated essential caregiver presents a substantial health or safety risk to the65
patient, other patients or residents, visitors, or staff;66
(5) To any patient or resident who is under the custody of a law enforcement agency or67
a correctional institution; or68
(6) Upon court order.69
31-7-432.70
(a) A hospital or long-term care facility may establish visitation policies that limit or71
restrict visitation of any visitor when:72
(1) The presence of visitors would be medically or therapeutically contraindicated in the73
best clinical judgment of healthcare professionals;74
(2) The presence of visitors would interfere with the care of or rights of any patient or75
resident;76
(3) Visitors are engaging in disruptive, threatening, or violent behavior toward any staff77
member, patient or resident, other visitor, or other individual authorized to be on the78
property of the hospital or long-term care facility;79
(4) Visitors are noncompliant with hospital or long-term care facility policy; or80
(5) The patient or resident is under the custody of a law enforcement agency or a81
correctional institution.82
(b) A hospital or long-term care facility may require visitors to wear personal protective83
equipment, provided that any such required equipment shall be provided by the hospital or84
long-term care facility. A hospital or long-term care facility may require visitors to comply85
with reasonable safety protocols and rules of conduct. The hospital or long-term care86
facility may revoke visitation rights for failure to comply with this subsection or any87
policies established pursuant to subsection (a) of this Code section.88
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(c) Nothing in this Code section shall be construed to require a hospital or long-term care
89
facility to allow a visitor to enter an operating room, isolation room, isolation unit,90
behavioral health setting, or other typically restricted area or to remain present during the91
administration of emergency care in critical situations. Nothing in this Code section shall92
be construed to require a hospital or long-term care facility to allow a visitor access beyond93
the rooms, units, or wards in which the patient or resident such visitor is visiting is94
receiving care or beyond general common areas in the hospital or long-term care facility.95
31-7-433.96
(a) Except as otherwise provided for in this article, the rights specified in this article may97
not be terminated, suspended, or waived by the hospital or long-term care facility, the98
Department of Public Health, or any governmental entity, notwithstanding declarations of99
emergency declared by the Governor pursuant to law. No hospital or long-term care100
facility shall require a patient or resident to waive the rights specified in this article.101
(b) The provisions of this article shall be construed to comply with the requirements of the102
federal Centers for Medicare and Medicaid Services for hospitals and long-term care103
facilities to participate in and receive payment through the Medicare and Medicaid104
programs.105
31-7-434.106
Each hospital and long-term care facility shall post on its website informational materials107
developed by the Department of Community Health explaining the rights specified in this108
article. The Department of Community Health shall develop such informational materials109
and shall make such materials available to hospitals and long-term care facilities for the110
purposes of this Code section.111
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31-7-435.
112
Unless expressly required by federal law or regulation, the Department of Public Health113
and any other state agency shall be prohibited from taking any action against a hospital or114
long-term care facility for:115
(1) Giving a visitor or designated essential caregiver individual access to a hospital or116
long-term care facility controlled property or location;117
(2) Gross negligence, willful and wanton misconduct, reckless infliction of harm, or118
intentional infliction of harm excepted, failing to protect or otherwise ensure the safety119
or comfort of a visitor or designated essential caregiver given access to a hospital or120
long-term care facility controlled property or location;121
(3) Failing to follow the guidelines of the federal Centers for Disease Control and122
Prevention or other federal guidelines that require or recommend restricting visitor or123
designated essential caregiver access; or124
(4) The acts or omissions of any visitor or designated essential caregiver who is given125
access to a hospital or long-term care facility controlled property or location."126
SECTION 3.127
All laws and parts of laws in conflict with this Act are repealed.128
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