Relating to visitation restrictions applicable to nursing facilities during a national public health emergency or public health disaster

This bill relates to visitation restrictions applicable to nursing facilities during a national public health emergency or public health disaster. The bill provides definitions for “national public health emergency”, “public health disaster”, and “state agency” for purposes of the bill. The bill requires, subject to all applicable laws and regulations, that if a national public health emergency or a public health disaster is declared resulting in restrictions on the in-person, indoor visitation with residents of nursing facilities, the department of inspections and appeals (DIA) shall take under advisement the opinion and insight of the state long-term care ombudsman (SLTCO) or the STLCO’s designee, prior to issuing any guidance restricting visitation relating to the national public health emergency or public health disaster. The SLTCO or SLTCO’s designee shall advocate on behalf of nursing facility residents to continue in-person, indoor visitation during the national public health emergency or public health disaster, subject to the health and safety considerations of all residents of the nursing facility. The bill requires the office of long-term care ombudsman (OLTCO) to accept, investigate, verify, and work to resolve complaints relating to any action or inaction by a nursing facility relating to nursing facility resident visitation restrictions during a national public health emergency or public health disaster; and DIA shall share with the OLTCO copies of all related inspection reports, plans of correction, and notices of any citations or sanctions levied against a nursing facility if DIA responds to a complaint against a nursing facility or an employee of a nursing facility which relates to nursing facility resident visitation restrictions during a national public health emergency or public health disaster, and the complaint was referred to the department by the OLTCO. The bill is not to be construed to instruct or require DIA or any other state agency to violate state or federal law or any rules or regulations adopted or promulgated under such law.