Current through Register Vol. 50, No. 9, September 20, 2024
A. A
licensed nursing facility shall comply with any federal law, regulation,
requirement, order, or guideline regarding visitation in nursing facilities
issued by any federal government agency during a declared public health
emergency. The provisions of the licensing rules in
§9771 B-E shall be preempted by any
federal statute, regulation, requirement, order, or guideline from a federal
government agency that requires a nursing facility to restrict resident
visitation in a manner that is more restrictive than the rules.
B. Nursing facilities shall comply with any
Louisiana state health officer (SHO) order or emergency notice regarding
visitation in nursing facilities during a declared PHE.
C. Nursing facilities shall comply with any
executive order or proclamation issued by the governor of the state of
Louisiana regarding visitation in a nursing facility during a declared
PHE.
D. The provisions of this
Section regarding visitation by immediate family members of the resident and
other designated persons shall apply to all nursing facilities licensed by the
Department of Health.
E. Subject to
the requirements of
§9771 A-C, each nursing facility shall
allow immediate family members and other designated persons to visit a resident
of the nursing facility during a declared public health emergency (PHE) when a
resident, 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 nursing
facility 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 resident and his
legal or designated representative, upon request. The nursing facility shall
provide a link to an electronic copy of the policy and procedure to immediate
family members and other designated persons, upon request.
2. A nursing facility'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 nursing facility, in consultation with
appropriate medical personnel, for the purpose 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
resident.
3. A nursing facility's
policy and procedure on visitation by immediate family members and other
designated persons, at a minimum, requires the following:
a. that the nursing facility shall give
special consideration and priority for visitation by immediate family members
and other designated persons to residents receiving end-of-life care;
b. that visitation by immediate family
members of the residents and other designated persons may be screened for
infectious agents or infectious diseases and will pass such screening prior to
each visitation, utilizing at least the current screening or testing methods
and protocols recommended by the Centers for Disease Control and Prevention, as
applicable; if there is a current Louisiana SHO order or emergency notice that
requires more rigorous screening or testing methods and protocols, then the
nursing facility shall utilize those methods and protocols;
c. that an immediate family member or other
designated person may not be allowed to visit a nursing facility resident 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;
d. that an
immediate family member or other designated person may not be allowed to visit
a nursing facility resident if the immediate family member or other designated
person refuses to comply with the provisions of the nursing facility's policy
and procedure or refuses to comply with the nursing facility's reasonable time,
place, and manner restrictions;
e.
that immediate family members and other designated persons may be required to
wear personal protective equipment as determined appropriate by the nursing
facility, considering the resident's medical condition or clinical
considerations; at the nursing facility's discretion, personal protective
equipment may be made available by the nursing facility to immediate family
members and other designated persons;
f. ...
g. that a nursing facility's policy and
procedure include provisions for compliance with any federal law, regulations,
requirements, orders, or guidelines regarding visitation in nursing facilities
issued by any federal government agency during a declared public health
emergency;
h. that includes
provisions for off-site visitation, allowing an immediate family member or
other designated person to visit a nursing facility resident away from the
facility campus; and
i. that a
resident and an immediate family member or other designated person shall have
the right to consensual, nonsexual physical contact such as hand holding or
hugging.
4. A nursing
facility shall submit a written copy of its visitation policies and procedures
to the Health Standards Section of LDH at the initial licensure
survey.
5. After licensure, the
nursing facility shall make its visitation policies and procedures available
for review by LDH at any time, upon request.
6. A nursing facility shall within 24 hours
after establishing its visitation policies and procedures, make its policies
and procedures easily accessible from the homepage of its
website.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2009.2-2116.
