CA AB 2549

Title: Patient visitation.
Author: James M. Gallagher

Summary
AB 2549, as amended, Gallagher. Patient visitation. 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, 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 specified persons to visit, including the patient’s children and grandparents. The bill would require the health facility to develop alternate visitation protocols, if circumstances require the health facility to restrict visitor access to the facility due to health or safety concerns, that allow visitation to the greatest extent possible while maintaining patient, visitor, and staff health and safety. Notwithstanding the requirement mentioned above, the bill would prohibit a health facility from prohibiting in-person visitation in end-of-life situations unless the patient has indicated to the health facility staff that the patient does not want this person to visit. By expanding an existing crime, the bill would impose a state-mandated local program.This bill would require the State Department of Public Health to, no later than January 1, 2026, provide specific clinical guidance related to safe visitation during a pandemic event for hospitals. The bill would, among other things, prohibit the guidance provided from including a prohibition on visitation rights, and requires the guidance to explicitly consider the potential negative impacts of restrictive visitation policies on patient well-being, mental health, and the overall quality of care.This bill would require all hospitals to adopt visitation policies in compliance with the department’s guidance no later than July 1, 2026.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.

Status
From committee: Do pass and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (April 9). Re-referred to Com. on HUM. S.

Bill Documents
CA AB 2549 - 04/01/24 - Amended Assembly
04/01/24 - CA AB 2549 (04/01/24 - Amended Assembly)