Relating to infant and maternal care at health care facilities

This bill relates to infant and maternal care at a health care facility (facility). The bill shall be known and may be cited as “The Amir Act”. The bill states several legislative findings and the intent of the bill. The bill defines “caregiver” as a parent, legal guardian, legal custodian, or primary caregiver for an infant. The bill defines “caregiver concern” as a verbal or written expression by a caregiver indicating the belief that an infant or the infant’s mother is experiencing distress, deterioration, or abnormal symptoms. The bill defines “escalation protocol” as a formal process requiring review by a clinician in a supervisory position or a care team. The bill defines “health care facility” (facility) as a hospital, a birth center, a birthing hospital, or other medical facilities licensed to provide infant or maternal care in this state. The bill defines “infant rapid response process” as a series of actions a facility must immediately take to evaluate the condition of an infant, determine whether the infant’s care needs to be altered, and execute the altered care if necessary. The bill also defines “department” and “infant”. The bill requires each facility to adopt and implement a caregiver concern escalation protocol for infant and maternal patients, and requires a facility to take certain actions specified in the bill when the facility receives a caregiver concern. The bill prohibits a facility or health care provider from retaliating against a caregiver, an infant, or a mother, or discharging an infant or a mother, due to the fact a caregiver expressed a caregiver concern. The bill also prohibits a facility from dismissing a caregiver concern without taking action. The bill requires a facility that provides care to infants to maintain an infant rapid response process that may be initiated by medical staff attending an infant, or a caregiver when the caregiver believes the condition of the caregiver’s infant is worsening. When an infant rapid response process is initiated, a physician shall immediately evaluate the infant’s condition. The bill requires a facility to provide written and verbal notice to an infant’s caregivers when the infant is brought to the facility to receive treatment. The written and verbal notice shall include a statement that the caregiver is entitled to certain rights under the bill, and the written notice must be displayed in a prominent location where infants receive treatment. The bill requires all facility staff who provide, or assist in the provision of, infant or maternal care to receive annual training as specified in the bill. The bill requires the department of health and human services to adopt rules relating to facility staff training and requiring each facility to provide data relating to all incidents with adverse outcomes when a caregiver requested a higher acuity of care for the caregiver’s infant, or when an infant rapid response process was initiated. The bill requires the department of inspections, appeals, and licensing to adopt rules to implement, administer, and enforce the bill. Rules relating to enforcement must include corrective action plans, administrative penalties, or licensure review for a person found in violation of the bill.