Committee Substitute
House Bill 4141 History
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Introduced Version
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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 4141
(By Delegates Amores, Webster, Palumbo and Kominar)
(Originating in the Committee on the Judiciary)
[February 18, 2004]
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 designed 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.