HB2368  HFAT Capito 3-23

Reese 3133

            Delegate Capito moved to amend the title of the bill to read as follows:

A BILL to repeal §16-39-2 of the Code of West Virginia, 1931, as amended;  to amend and          reenact §16-39-1 of the code; and to amend said code by adding thereto new sections,            designated §61-39-2 and §61-39-8, generally relating to visitation of a patient in a      healthcare facility during a declared public health state of emergency for contagious     disease, to be known as "Mylissa Smith's Law";  establishing a short title; providing definitions; establishing that visitation of a patient is allowed at any time  if the patient's              death is imminent; further providing that if death is not imminent visitation shall be            not less than once every five days;  requiring a visitor to comply with applicable facility   procedures; and, establishing that the  health care entity is  not liable for civil    damages due to disease exposure to visitors or other patients or residents during          visitation unless facility failed to substantially comply with applicable procedures             established by the health care entity.