Hospitals, nursing homes and assisted living facilities (ALFs) would not be able to close families out of their facilities under a bill approved Monday by the House Health & Human Services Committee.
It is a top priority for the administration of Gov. Ron DeSantis.
Filed by Rep. Jason Shoaf, HB 987 would require hospitals and long-term care facilities to develop policies and procedures on infection control screening, personal protective equipment, permissible length of visits and number of allowable visitors.
The amended bill makes clear that residents, clients or patients can designate an “essential caregiver,” and that caregiver is entitled to two hours of in-person visitation per day in addition to any other visitation authorized by the provider. Essential caregivers are not required to provide care.
The legislation makes clear the facilities cannot require visitors to submit proof of any vaccination or immunization for visitation rights. The policies and procedures must allow consensual physical contact between a visitor and resident.
The measure is meant to address disparate visitation policies across Florida’s health care sector. While the federal government has guidelines that impact facilities that receive Medicare and Medicaid funding, other providers — such as ALFs — are not federally regulated and operate solely under a license issued by the state.
Rep. Felicia Robinson took her mother to the hospital last year because of a urinary tract infection. But her 84-year-old mother tested positive for COVID-19.
“I had to then make a decision on whether I was going to allow her to be treated for COVID or whether to bring her home. I made a decision to bring her home because I knew she would not have done well in the hospital not having any of us being able to see her or to touch her,” Robinson said. “So, I brought her home and I stayed out of Session for a week to take care of her myself, and she is still with us today and she’s doing fine.”
The Florida Health Care Association waived in support of the bill.
Jacksonville resident Mary Daniel said the bill gives caregivers what they need. Daniel made national headlines during the COVID-19 pandemic when she took a job washing dishes at the Jacksonville memory care facility where her husband lives.
Daniel established the Facebook group Caregivers for Compromise.
The Senate Committee on Appropriations is slated to take up its version of the bill (SB 988) and an amendment to it Monday. The amendment is similar, but not identical, to the House version. For instance, the Senate bill does not contain the essential caregiver language. But Daniel told Florida Politics Monday she expected the Senate to come to the House’s position on that language.