39-9703 [39-9803]. RIGHT TO ESSENTIAL CAREGIVERS. (1) A patient or resident has the right to visitation from an essential caregiver while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential caregiver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essential caregiver may visit. For purposes of this subsection, a restriction is reasonable if the restriction:
(a) Is necessary to prevent the disruption of assistance or health care services to the patient or resident; and
(b) Does not interfere with the patient’s or resident’s general right to visitation by essential caregivers.
(2) A facility that provides or intends to provide health care services or assistance must:
(a) When practicable, notify a potential patient or resident of the right to designate essential caregivers prior to admission to the facility;
(b) Provide each patient or resident an opportunity to designate essential caregivers; and
(c) Accommodate a patient’s or resident’s request to have essential caregivers visit within the limits prescribed by this section.
History:
[39-9703 [39-9803], added 2022, ch. 134, sec. 1, p. 500.]