Tennessee House To Consider Bill To Protect End-of-Life Visitation During Emergencies
Image Credit: capitol.tn.gov
The Tennessee Conservative [By Jason Vaughn] –
A bill that would require nursing homes and assisted living facilities to allow at least one visitor during end-of-life situations during any emergency event is making its way through the Tennessee legislature.
Senate Bill 2574, sponsored by Senator Rusty Crowe (R-Johnson City-District 3), was passed unanimously with amendment on March 21. Companion House Bill 2535, sponsored by Representative Rebecca Alexander (R-Jonesborough-District 7), passed the House Health Committee on April 6 and has been referred, if amended, to the House Calendar and Rules Committee.
Alexander addressed the Health Committee, explaining that the bill, as amended, “ensures the right to end-of-life visitation during a disaster or a public health emergency for COVID-19.”
“Nursing homes must always allow indoor visitation as it is a resident’s right. The federal government closed facilities to indoor visitation for more than a year during the pandemic but still allowed the end-of-life visitation. Prior to COVID, nursing home visitation has always been open,” Alexander continued.
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The bill “requires nursing homes and assisted-care living facilities to allow at least one resident representative, who meets certain conditions, to visit a resident of the facility during end-of-life situations if a disaster, emergency, or public health emergency for COVID-19 has been declared.”
A resident representative is defined as a “family member or other individual chosen by the resident, or a court-appointed guardian or conservator of the resident, that acts on behalf of the resident in order to support with decision-making, access medical, social, or other personal information of the resident, manage financial matters, or receive notification.”
The conditions that must be met are listed as follows:
1 – Is not exhibiting symptoms of COVID-19 or another communicable disease.
2 – Agrees to follow all safety protocols established by the long-term care facility, which must be clearly specified in writing and be no more restrictive that protocols applicable to staff of the facility.
3 – Would not by their presence in the long-term care facility cause the facility to violate any federal or state law, rule, or guidance regulating that facility.
The stipulation that the individual’s presence does not violate any federal or state law would allow those facilities to avoid potentially being in conflict with visitation regulations set forth by the Centers for Medicare and Medicaid Services.
The original bill listed an additional requirement that individuals provide a negative test for COVID-19 in accordance with the long-term care facility’s policy, however, an amendment to the bill removes that requirement.
Representative Pat Marsh (R-Shelbyville-District 62) asked for clarification as to whether the bill only applied to nursing homes and assisted-care facilities and not hospitals, to which Alexander replied that it did not apply to hospitals.
House Bill 2535 passed the Health Committee with a voice vote with Ayes prevailing and now heads to the Calendar and Rules Committee for scheduling to be heard on the House floor.
If you support this legislation, contact your Tennessee State Representative.
You can find their contact information HERE.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com
