Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2381 History

DOWNLOAD  wpd  |  Email


hb2381 intr
H. B. 2381


(By Delegates Amores, Webster, Palumbo and Kominar)
[Introduced February 16, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]




A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14; to further amend said code by adding thereto a new section, designated §16-5C-5a; to further amend said code by adding thereto a new section, designated §16-5D-5a; to further amend said code by adding thereto a new section, designated §16-5E-7; and to further amend said code by adding thereto a new section, designated §16-5N-6a, all relating to patient visitation rights; establishing new criteria for patient visits at hospitals, nursing homes, personal care homes, legally unlicensed health care homes, and residential care communities; allowing for patient visitations with nonrelatives designated by patients; and creating exceptions thereto.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-5B-14; that said code be amended by adding thereto a new section, designated §16-5C-5a; that said code be amended by adding thereto a new section, designated §16-5D-5a; that said code be amended by adding thereto a new section, designated §16-5E-7; and that said code be amended by adding thereto a new section, designated §16-5N-6a, all to read as follows:
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-14. Hospital visitation.

(a) A public or private hospital licensed pursuant to the provisions of section two of this article is required to permit patient visitation privileges for nonrelatives unless otherwise requested by the patient or legal designee. For purposes of this section, the term "legal designee" means and includes those persons eighteen years of age or older appointed by the patient to make health care decisions for the patient pursuant to the provisions of section six, article thirty of this chapter.
(b) It is the intent of the Legislature that this section facilitate a patient's visitation with nonrelative individuals, and may not, in any way, restrict or limit allowable uses and disclosures of protected health information pursuant to the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d-2 and the accompanying regulations in 45 CFR 164.500.
(c) No provision of this section may be construed to prevent a hospital from otherwise restricting visitation privileges in order to prevent harm to the patient or disruption to the facility.
ARTICLE 5C. NURSING HOMES.
§16-5C-5a. Nursing home visitation.

(a) A nursing home licensed pursuant to the provisions of this article is required to permit patient visitation privileges for nonrelatives unless otherwise requested by the patient or legal designee. For purposes of this section, the term "legal designee" means and includes those persons eighteen years of age or older appointed by the patient to make health care decisions for the patient pursuant to the provisions of section six, article thirty of this chapter.
(b) It is the intent of the Legislature that this section facilitate a patient's visitation with nonrelative individuals, and may not, in any way, restrict or limit allowable uses and disclosures of protected health information pursuant to the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d-2 and the accompanying regulations in 45 CFR 164.500.
(c) No provision of this section may be construed to prevent a nursing home from otherwise restricting visitation privileges in order to prevent harm to the patient or disruption to the facility.
ARTICLE 5D. PERSONAL CARE HOMES.
§16-5D-5a. Visitation.
(a) A personal care home licensed pursuant to the provisions of this article is required to permit patient visitation privileges for nonrelatives unless otherwise requested by the patient or legal designee. For purposes of this section, the term "legal designee" means and includes those persons eighteen years of age or older appointed by the patient to make health care decisions for the patient pursuant to the provisions of section six, article thirty of this chapter.
(b) It is the intent of the Legislature that this section facilitate a patient's visitation with nonrelative individuals, and may not, in any way, restrict or limit allowable uses and disclosures of protected health information pursuant to the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d-2 and the accompanying regulations in 45 CFR 164.500.
(c) No provision of this section may be construed to prevent a personal care home from otherwise restricting visitation privileges in order to prevent harm to the patient or disruption to the facility.
ARTICLE 5E. REGISTRATION AND INSPECTION OF SERVICE PROVIDERS IN LEGALLY UNLICENSED HEALTH CARE HOMES.
§16-5E-7. Visitation.
(a) A home existing by virtue of the provisions of this article is required to permit patient visitation privileges for nonrelatives unless otherwise requested by the patient, resident or legal designee. For purposes of this section, the term "legal designee" means and includes those persons eighteen years of age or older appointed by the patient to make health care decisions for the patient pursuant to the provisions of section six, article thirty of this chapter.
(b) It is the intent of the Legislature that this section facilitate a patient's or resident's visitation with nonrelative individuals, and may not, in any way, restrict or limit allowable uses and disclosures of protected health information pursuant to the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d-2 and the accompanying regulations in 45 CFR 164.500.
(c) No provision of this section may be construed to prevent a home from otherwise restricting visitation privileges in order to prevent harm to the patient or disruption to the facility.
ARTICLE 5N. RESIDENTIAL CARE COMMUNITIES.
§16-5N-6a. Visitation.
(a) A residential care community licensed pursuant to the provisions of this article is required to permit resident visitation privileges for nonrelatives unless otherwise requested by the patient or legal designee. For purposes of this section, the term "legal designee" means and includes those persons eighteen years of age or older appointed by the patient or resident to make health care decisions for the patient pursuant to the provisions of section six, article thirty of this chapter.
(b) It is the intent of the Legislature that this section facilitate a patient's visitation with nonrelative individuals, and may not, in any way, restrict or limit allowable uses and disclosures of protected health information pursuant to the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d-2 and the accompanying regulations in 45 CFR 164.500.
(c) No provision of this section may be construed to prevent a residential care community from otherwise restricting visitation privileges in order to prevent harm to the patient or disruption to the facility.




NOTE: The purpose of this bill is to provide that patients in health care facilities may have visitations by nonrelative designees.

These sections are new; therefore, strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***