56-1705. PATIENT AND RESIDENT RIGHTS UNDER CRISIS STANDARDS OF CARE. During any period of time in which crisis standards of care are activated:
(1) All existing and applicable state and federal patient and resident rights shall be applied. These rights include but are not limited to adherence to a patient’s or resident’s advance directives and access to patient or resident advocates and decision-makers. No patient or resident shall be denied life-sustaining nutrition and hydration, except when expressly authorized by the patient or resident or the patient’s or resident’s legal representative for health care decisions; and
(2) A patient or resident in a facility has the right to visitation from essential caregivers 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 an essential caregiver.
History:
[56-1705, added 2022, ch. 253, sec. 1, p. 830.]
Structure Idaho Code
Title 56 - PUBLIC ASSISTANCE AND WELFARE
Chapter 17 - CRISIS STANDARDS OF CARE ACT
Section 56-1701 - SHORT TITLE.
Section 56-1702 - LEGISLATIVE INTENT.
Section 56-1703 - DEFINITIONS.
Section 56-1704 - DUTIES OF THE DIRECTOR.
Section 56-1705 - PATIENT AND RESIDENT RIGHTS UNDER CRISIS STANDARDS OF CARE.
Section 56-1706 - GUIDING PRINCIPLES UNDER CRISIS STANDARDS OF CARE.