Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, as defined. Existing law requires a health facility to allow a patient's domestic partner, the children of the patient's domestic partner, and the domestic partner of the patient's parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit. A violation of this provision is a misdemeanor.
This bill would require a health facility to allow a patient with demonstrated dementia needs to have a family or friend caregiver with them as needed unless specified conditions are met, including, but not limited to, that the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of the facility. The bill would authorize a health facility to require visitors to adhere to personal protective equipment and testing protocols, as specified, and does not prohibit a health facility from otherwise establishing reasonable restrictions upon visitation. The bill would specify that its provisions do not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a facility that complies with its requirements. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.