Abstract: Provides for rights of nursing home residents and residents of adult residential care
provider facilities relative to visitation.
Present law provides for enumerated rights of nursing home residents. Requires that nursing homes
assure each resident the right to be granted immediate access to the following persons:
(1) Immediate family members, other relatives of the resident, and the resident's clergy subject
to the resident's right to deny or withdraw consent at any time.
(2) Others who are visiting with the consent of the resident, subject to reasonable restrictions and
the resident's right to deny or withdraw consent at any time.
Proposed law retains present law and adds thereto requirements that nursing homes allow in-person
access to a resident by any person identified in the items above if the person or resident chooses to
visit in person.
Present law provides that "reasonable restrictions" are those imposed by the facility that protect the
security of all the facility's residents. Proposed law retains present law and stipulates that such
restrictions may include, but shall not be limited to, infection control protocols.
Proposed law provides that no provision of present law or present administrative code shall be
construed to limit a nursing home resident's right to have access to in-person visitation by an
immediate family member, other relative, the resident's clergy, or any other person visiting the
resident with the resident's consent as established in present law.
Proposed law provides that residents of adult residential care provider facilities (known commonly
as "assisted living facilities" and referred to hereafter as "ARCP facilities") shall have the right to
be granted immediate access to all of the following persons:
(1) Immediate family members, other relatives, and their clergy subject to the ARCP facility
resident's right to deny or withdraw consent at any time.
(2) Others who are visiting with the consent of the resident, subject to reasonable restrictions and
the resident's right to deny or withdraw consent at any time.
Proposed law requires ARCP facilities to allow in-person access to the resident by any authorized
person if the person or resident chooses to visit in person. Defines "in-person access" as the right
of a resident to receive visitors in person at the ARCP facility, either in the resident's room or in
another location on the facility campus designated by the facility. Provides that the facility may
change the location of visits to assist caregiving or protect the privacy or health of other residents.
Stipulates that visitation may be subject to reasonable restrictions imposed by the facility.
Proposed law defines "reasonable restrictions" as restrictions imposed by the ARCP facility that
protect the security of residents and staff of the facility. Provides that such restrictions may include,
but shall not be limited to, infection control protocols.
Proposed law authorizes ARCP facilities to ask any visitor who does not comply with reasonable
restrictions, or who otherwise endangers the health, safety, or well-being of any resident or staff
member, to leave the facility and to prohibit that visitor from future visitation.
Proposed law provides that a sponsor may act on an ARCP facility resident's behalf to assure that
the ARCP does not deny the resident's rights. Provides that no right recognized in regulations
adopted in accordance with proposed law may be waived for any reason.
Proposed law stipulates that no provision of present law or present administrative code shall be
construed to limit an ARCP resident's right to have access to in-person visitation by an immediate
family member, other relative, clergy, or any other authorized person visiting the resident with the
resident's consent.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2010.8(A)(2)(b)(vii) and (viii), (d), and (B); Adds R.S. 40:2166.11)


Statutes affected:
HB99 Original: 40:8(A)(2)