HB 52: "An Act relating to the right of patients and residents to have a support person in person during treatment and during stays at certain facilities; and relating to a requirement that health care facilities make certain information available to the public."
00 HOUSE BILL NO. 52 01 "An Act relating to the right of patients and residents to have a support person in 02 person during treatment and during stays at certain facilities; and relating to a 03 requirement that health care facilities make certain information available to the public." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 SHORT TITLE. This Act may be known as the Alaska No Patient Left Alone Act. 08 * Sec. 2. AS 18.08 is amended by adding a new section to read: 09 Sec. 18.08.093. Right of patients to support person. (a) A provider of 10 emergency medical services who treats a patient shall allow a support person of the 11 patient's choice to be in person during treatment, subject to reasonable restrictions. 12 The support person may be any individual and is not required to be the patient's 13 surrogate under AS 13.52.030. 14 (b) A provider of emergency medical services shall have written policies and
01 procedures regarding a patient's right to have a support person in person during 02 treatment, including provisions describing any clinically necessary or reasonable 03 restriction the provider may place on access to the patient and the reason for the 04 restriction. A provider of emergency medical services shall inform each patient or 05 support person, as appropriate, of the patient's right to have a support person in person, 06 including any restriction on that right, and shall ensure that a support person enjoys 07 full and equal visitation privileges consistent with patient preferences and the policies 08 and procedures. A support person's visitation privileges may not be limited to the 09 visitation hours of the provider of emergency medical services. 10 (c) A patient's right to a support person under this section may not be withheld 11 based on a state or federal declaration of disaster. 12 (d) The rights specified in this section may not be terminated, suspended, or 13 waived by the Department of Health or any other state agency. 14 (e) Within 24 hours after adopting the policies and procedures required in (b) 15 of this section, a provider of emergency medical services that maintains an Internet 16 website shall make the policies and procedures available to the public on the 17 provider's Internet website. If the provider does not maintain an Internet website 18 available to the public, the provider shall make the policies and procedures available 19 to the public in printed form and display a notice in a place conspicuous to visitors 20 stating that the policies and procedures may be requested at any time. 21 * Sec. 3. AS 18.20 is amended by adding new sections to read: 22 Article 6. Patient and Resident Right to Support Persons. 23 Sec. 18.20.600. Right of patients and residents to support person. (a) A 24 hospital or mental health facility shall allow a patient to have a support person of the 25 patient's choice in person at all times during the patient's stay. A long-term care 26 facility or hospice shall allow a resident to have a support person of the resident's 27 choice in person at all times during the resident's stay. The support person may be any 28 individual and is not required to be the patient's or resident's surrogate under 29 AS 13.52.030. 30 (b) A hospital, mental health facility, long-term care facility, or hospice must 31 have written policies and procedures regarding a patient's or resident's right to have a
01 support person in person during the patient's or resident's stay, including provisions 02 describing any clinically necessary or reasonable restriction the hospital, mental health 03 facility, long-term care facility, or hospice may place on access to the patient or 04 resident and the reason for the restriction. A hospital, mental health facility, long-term 05 care facility, or hospice shall inform each patient, resident, or support person, as 06 appropriate, of the patient's or resident's right to have a support person in person, 07 including any restriction on that right, and shall ensure that a support person enjoys 08 full and equal visitation privileges consistent with patient or resident preferences and 09 the policies and procedures. A hospital, mental health facility, long-term care facility, 10 or hospice may not require a support person to provide proof of the support person's 11 vaccination or immunization status. 12 (c) A patient's or resident's right to a support person under this section may not 13 be withheld based on a state or federal declaration of disaster. 14 (d) Within 24 hours after adopting the policies and procedures required in (b) 15 of this section, a hospital, mental health facility, long-term care facility, or hospice that 16 maintains an Internet website shall make the policies and procedures available to the 17 public on the Internet website of the hospital, facility, or hospice. If the hospital, 18 mental health facility, long-term care facility, or hospice does not maintain an Internet 19 website available to the public, the hospital, mental health facility, long-term care 20 facility, or hospice shall make the policies and procedures available to the public in 21 printed form and display a notice in a place conspicuous to visitors stating that the 22 policies and procedures may be requested at any time. 23 Sec. 18.20.605. Minors in health care facilities. (a) A minor has the right to 24 have a parent, guardian, or person standing in the place of a parent in person with the 25 minor at all times while the minor receives care as a patient in a health care facility. 26 (b) A parent, guardian, or person standing in the place of a parent who is in 27 person under (a) of this section may leave during the course of a patient's stay or 28 appointment and return to the health care facility that is caring for the patient. 29 (c) A health care facility may not 30 (1) require a patient to waive the right granted under (a) of this section; 31 (2) prevent a parent, guardian, or person standing in the place of a
01 parent of a minor receiving care in the health care facility from having daily physical 02 access to the minor at reasonable times; or 03 (3) separate from a minor receiving care in the health care facility the 04 parent, guardian, or person standing in the place of a parent of the minor, except in 05 cases of suspected abuse, threats of violence, or to prevent disruption to the care of the 06 minor. 07 Sec. 18.20.610. Complaints to the commissioner of health. An individual 08 may file a complaint with the commissioner of health if a health care professional or 09 health care facility violates AS 18.08.093, AS 18.20.600, or 18.20.605. The 10 commissioner of health shall investigate the complaint. If the commissioner finds a 11 violation of AS 18.08.093, AS 18.20.600, or 18.20.605, the commissioner may impose 12 a penalty adopted under AS 47.05.010(18). 13 Sec. 18.20.620. Civil liability. (a) A patient, support person, parent, guardian, 14 or person standing in the place of a parent may bring a civil cause of action against a 15 health care professional or health care facility that violates AS 18.08.093, 16 AS 18.20.600, or 18.20.605. 17 (b) If a plaintiff prevails in an action brought under this section, the court shall 18 enjoin the defendant from violating AS 18.08.093, AS 18.20.600, or 18.20.605, or 19 aiding or abetting a violation of AS 18.08.093, AS 18.20.600, or 18.20.605, and award 20 (1) nominal damages in an amount of not less than $1,000; 21 (2) compensatory damages for injury or harm, including loss of 22 consortium and emotional distress, resulting from the defendant's conduct; and 23 (3) costs and attorney fees as provided in AS 09.60.010. 24 Sec. 18.20.630. Health care facility liability. Unless required by federal law 25 or regulation, a state agency may not take action against a health care facility for 26 prohibiting a visitor 27 (1) from entering an operating room, isolation room, isolation unit, 28 behavioral health setting, or other typically restricted area; 29 (2) from remaining in person during the administration of emergency 30 care in critical situations; or 31 (3) access beyond the room, unit, or ward in which the patient or
01 resident the visitor is visiting is receiving care, or beyond general common areas. 02 Sec. 18.20.635. Construction of AS 18.20.600 - 18.20.630. (a) Nothing in 03 AS 18.20.600 - 18.20.630 04 (1) affects the rights of a guardian or holder of a power of attorney; or 05 (2) waives or changes a long-term care facility resident's rights under 06 AS 47.62. 07 (b) A health care facility may restrict access of a person to a patient or resident 08 (1) at the request of the patient or a law enforcement agency; or 09 (2) according to a court order. 10 (c) If a health care facility has restricted physical access to a patient or 11 resident, the health care facility shall allow the patient access to visitors through 12 telephone, telecommunication, or other means that ensure the protection of the patient 13 or resident. 14 (d) The rights specified in AS 18.20.600 and 18.20.605 may not be 15 terminated, suspended, or waived by 16 (1) a health care facility; 17 (2) the Department of Health; or 18 (3) the governor upon declaring a disaster emergency ordering the 19 Department of Health to take action, ordering any other state agency to take action, or 20 in any other manner available under state law. 21 Sec. 18.20.640. Definitions. In AS 18.20.600 - 18.20.640, 22 (1) "guardian" has the meaning given in AS 13.26.066(j); 23 (2) "health care facility" means a hospital, health care provider's office, 24 long-term care facility, mental health facility, or hospice licensed in this state; 25 (3) "health care provider" has the meaning given in AS 18.23.400; 26 (4) "hospice" has the meaning given in AS 47.32.900; 27 (5) "hospital" has the meaning given in AS 18.20.130; 28 (6) "long-term care facility" has the meaning given to "long term care 29 facility" in AS 47.62.090; 30 (7) "mental health facility" has the meaning given to "designated 31 treatment facility" in AS 47.30.915;
01 (8) "minor" has the meaning given in AS 47.30.705; 02 (9) "resident" means a person receiving services from a long-term care 03 facility or hospice. 04 * Sec. 4. AS 18.23 is amended by adding a new section to article 4 to read: 05 Sec. 18.23.410. Availability of visitation policies and procedures. A health 06 care facility that maintains an Internet website shall make a current version of its 07 visitation policies and procedures available to the public on the facility's Internet 08 website. If the facility does not maintain an Internet website available to the public, 09 the facility shall make its visitation policies and procedures available to the public in 10 printed form and display a notice in a place conspicuous to visitors stating that a copy 11 of the policies and procedures may be requested at any time. In this section, "health 12 care facility" has the meaning given in AS 18.20.640. 13 * Sec. 5. AS 47.05.010 is amended to read: 14 Sec. 47.05.010. Duties of Department of Health. The Department of Health 15 shall 16 (1) administer adult public assistance, the Alaska temporary assistance 17 program, and all other assistance programs, and receive and spend money made 18 available to it; 19 (2) adopt regulations necessary for the conduct of its business and for 20 carrying out federal and state laws granting adult public assistance, temporary cash 21 assistance, diversion payments, or self-sufficiency services for needy families under 22 the Alaska temporary assistance program, and other assistance; 23 (3) establish minimum standards for personnel employed by the 24 department and adopt necessary regulations to maintain those standards; 25 (4) require those bonds and undertakings from persons employed by it 26 that, in its judgment, are necessary, and pay the premiums on them; 27 (5) cooperate with the federal government in matters of mutual 28 concern pertaining to adult public assistance, the Alaska temporary assistance 29 program, and other forms of public assistance; 30 (6) make the reports, in the form and containing the information, that 31 the federal government from time to time requires;
01 (7) cooperate with the federal government in adopting state plans to 02 make the state eligible for federal matching in appropriate categories of assistance, and 03 in all matters of mutual concern, including adoption of the methods of administration 04 that are found by the federal government to be necessary for the efficient operation of 05 welfare programs; 06 (8) adopt regulations, not inconsistent with law, defining need, 07 prescribing the conditions of eligibility for assistance, and establishing standards for 08 determining the amount of assistance that an eligible person is entitled to receive; the 09 amount of the assistance is sufficient when, added to all other income and resources 10 available to an individual, it provides the individual with a reasonable subsistence 11 compatible with health and well-being; an individual who meets the requirements for 12 eligibility for assistance shall be granted the assistance promptly upon application for 13 it; 14 (9) grant to a person claiming or receiving assistance and who is 15 aggrieved because of the department's action or failure to act, reasonable notice and an 16 opportunity for a fair hearing by the office of administrative hearings (AS 44.64.010), 17 and the department shall adopt regulations relative to this; 18 (10) enter into reciprocal agreements with other states relative to 19 public assistance that are considered advisable; 20 (11) establish the requirements of residence for public assistance that 21 are considered advisable, subject to the limitations of other laws of the state, or law or 22 regulation imposed as conditions for federal financial participation; 23 (12) establish the divisions and local offices that are considered 24 necessary or expedient to carry out a duty or authority assigned to it and appoint and 25 employ the assistants and personnel that are necessary to carry on the work of the 26 divisions and offices, and fix the compensation of the assistants or employees, except 27 that a person engaged in business as a retail vendor of general merchandise, or a 28 member of the immediate family of a person who is so engaged, may not serve as an 29 acting, temporary, or permanent local agent of the department, unless the 30 commissioner of health certifies in writing to the governor, with relation to a particular 31 community, that no other qualified person is available in the community to serve as
01 local welfare agent; for the purposes of this paragraph, a "member of the immediate 02 family" includes a spouse, child, parent, brother, sister, parent-in-law, brother-in-law, 03 or sister-in-law; 04 (13) provide education and health-related services and referrals 05 designed to reduce the number of out-of-wedlock pregnancies and the number of 06 induced pregnancy terminations in the state; 07 (14) investigate reports of abuse, neglect, or misappropriation of 08 property by certified nurse aides in facilities licensed by the department under 09 AS 47.32; 10 (15) establish state policy relating to and administer federal programs 11 subject to state control as provided under 42 U.S.C. 3001 - 3058ee (Older Americans 12 Act of 1965), as amended, and related federal regulations; 13 (16) administer the older Alaskans service grants under AS 47.65.010 - 14 47.65.050 and the adult day care and family respite care grants under AS 47.65.100; 15 (17) establish an electronic application process for all assistance 16 programs administered by the department and allow an applicant to submit either a 17 written or an electronic application; the electronic application must inform an 18 applicant that a false statement made on the application will be investigated and is 19 punishable under AS 11.56.210; in this paragraph, "electronic application" means an 20 application for benefits or renewal of benefits, whether the department exclusively 21 administers the benefits or administers the benefits in coordination with another state 22 agency or federal agency, electronically completed and submitted through the 23 department's Internet website; 24 (18) adopt regulations necessary to carry out AS 18.08.093 and 25 AS 18.20.600 - 18.20.640, including a schedule of reasonable penalties for 26 violations of AS 18.08.093, AS 18.20.600, and 18.20.605.