Current through Register Vol. 50, No. 9, September 20, 2024
A.
For the purposes of this Section, immediate family member shall mean the
following in order of priority:
1.
spouse;
2. natural or adoptive
parent, child, or sibling;
3.
stepparent, stepchild, stepbrother, or stepsister;
4. father-in-law, mother-in-law,
daughter-in-law, son-in-law, brother-in-law, or sister-in-law;
5. grandparent or grandchild;
6. spouse of a grandparent or grandchild;
or
7. legal or designated
representative of the patient.
B. A licensed inpatient hospice shall comply
with any federal law, regulation requirement, order, or guideline regarding
visitation in an inpatient hospice issued by any federal government agency
during a declared PHE. The provisions of the licensing rules in
§8561 C-F shall be preempted by any
federal statute, regulation, requirement, order or guideline from a federal
government agency that requires an inpatient hospice to restrict patient
visitation in a manner that is more restrictive than the rules.
C. Inpatient hospices shall comply with any
Louisiana SHO order or emergency notice regarding visitation in inpatient
hospices during a declared PHE.
D.
Inpatient hospices shall comply with any executive order or proclamation issued
by the governor of the state of Louisiana regarding visitation in an inpatient
hospice during a declared PHE.
E.
The provisions of this Section regarding visitation by immediate family members
of the patient and other designated persons, shall apply to all inpatient
hospices licensed by LDH.
F.
Subject to the requirements of
§8561 B-D, each inpatient hospice shall
allow immediate family members and other designated persons to visit a patient
of the inpatient hospice during a declared PHE when a patient, or his legal or
designated representative, requests a visit with immediate family members and
other designated persons, subject to the following conditions and requirements:
1. Each inpatient hospice shall have a
written policy and procedure addressing visitation by immediate family members
and other designated persons. A copy of the written policy and procedure shall
be available, without cost, to the patient and his legal or designated
representative, upon request. The inpatient hospice shall provide a link to an
electronic copy of the policy and procedure to immediate family members and
other designated persons, upon request.
2. An inpatient hospice's policy and
procedure regarding visitation by immediate family members and other designated
persons may adopt reasonable time, place, and manner restrictions, provided
that such restrictions are implemented by the inpatient hospice, in
consultation with appropriate medical personnel, for the purposed of mitigating
the possibility of transmission of any infectious agent or infectious disease
or for the purpose of addressing the medical condition or clinical
considerations of an individual patient.
3. An inpatient hospice's policy and
procedure on visitation by immediate family members and other designated
persons, at a minimum, requires the following:
a. that immediate family members of the
patient and other designated persons, may be screened for infectious agents or
infectious diseases, utilizing at least the current screening or testing
methods and protocols recommended by the CDC, as applicable;
i. if there is a current Louisiana SHO order
or emergency notice that requires more rigorous screening or testing methods
and protocols, then the inpatient hospice shall utilize those methods and
protocols;
b. that an
immediate family member or other designated person may not be allowed to visit
an inpatient hospice inpatient if such immediate family member or other
designated person has obvious signs or symptoms of an infectious agent or
infectious disease, or if such immediate family member or other designated
person tests positive for an infectious agent or infectious disease;
c. that an immediate family member or other
designated person may not be allowed to visit an inpatient hospice patient if
the immediate family member or other designated person refuses to comply with
the provisions of the inpatient hospice's policy and procedure, or refuses to
comply with the inpatient hospice's reasonable time, place, and manner
restrictions;
d. that the patient
and immediate family members and other designated persons may be required to
wear PPE as determined appropriate by the inpatient hospice, considering the
patient's medical condition or clinical consideration;
i. at the inpatient hospice's discretion, PPE
may be made available by the inpatient hospice to immediate family members and
other designated persons;
e. that an inpatient hospice's policy and
procedure include provisions for compliance with a Louisiana SHO order or
emergency notice and with any governor's executive order or proclamation
limiting visitation during a declared PHE;
f. that the patient and an immediate family
member or other designated person, shall have the right to consensual,
nonsexual physical contact such as hand holding or hugging; and
g. that an inpatient hospice's policy and
procedure include provisions for compliance with any federal law, regulations,
requirements, orders, or guidelines regarding visitation in an inpatient
hospice issued by any federal government agency during a declared
PHE.
4. An inpatient
hospice shall submit a written copy of its policies and procedures on immediate
family member or other designated person visitation, to the Health Standards
Section of LDH at the initial licensure survey.
5. After licensure, the inpatient hospice
shall make its visitation policies and procedures available for review by LDH
at any time, upon request.
6. An
inpatient hospice shall within 24 hours after establishing its written policies
and procedures on immediate family member or other designated person
visitation, make its written policies and procedures easily accessible from the
homepage of its website.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2181-2192.
