§ 16-21-2-15.7 — Visitation; requirements; limitation on number of visitors; immunity

Indiana § 16-21-2-15.7

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 21: HOSPITALS
• Ch. 2: Licensure of Hospitals

Text

7. (a) As used in this section, "facility"
includes the following:
(1) A hospital licensed under this article.
(2) A freestanding rehabilitation hospital.
(3) A private psychiatric hospital licensed under IC 12-25.
(4) An ambulatory outpatient surgical center licensed under this
article.
(b) Subject to subsections (c), (d), and (f), a facility shall allow
visitation to a patient who has been admitted as a patient during a
disaster emergency declared under IC 10-14-3-12, a public health
emergency, or a similar crisis from one (1) or more of the following
individuals:
(1) A patient's family member.
(2) A patient's legal representative.
(3) The patient's designee.
(4) A member of the clergy.
(5) An essential caregiver.
(6) Any other individual capable of meeting the patient's needs.
(c) Subject to subsection (d), a person described in subsection (b)
shall be permitted to daily visit a person who is admitted as a patient
without regard for any visitation restrictions imposed by the facility
during a compassionate care situation that involves one (1) or more of
the following scenarios:
(1) An end of life situation, including hospice.
(2) A patient who is experiencing weight loss or dehydration and
is in need of cuing or encouragement for eating or drinking.
(3) A patient who is experiencing emotional distress, depression,
or grief.
(4) A patient who is diagnosed with Alzheimer's disease,
dementia, or a related cognitive disorder.
(5) The patient is experiencing an acute health situation that
requires immediate attention.
(6) The patient is undergoing surgery with general anesthesia.
(7) The patient is experiencing a sudden deterioration in the
patient's medical condition.
(8) The patient is unable to provide or does not know pertinent
and critical medical information that would aid the health care
professional in treating the patient.
(9) The patient is a minor.
(d) A person who is described in subsection (b) or who visits a
patient admitted as a patient for a reason specified in subsection (c)
must comply with the following:
(1) Applicable guidelines concerning disease control or
prevention as determined by the Centers for Medicare and
Medicaid Services or the Centers for Disease Control and
Prevention.
(2) Any facility requirements to undergo screening or to complete
testing before visiting a patient admitted as a patient. If a
screening protocol or test result prohibits a person from visiting
the patient, another individual capable of successfully completing
or passing the applicable screening protocol or test may be
selected for visitation by the patient.
(3) Limitations that an individual granted access under the
protocols of this section may not access any area other than the
patient's room or area designated or permitted by the facility.
(e) The facility may specify any requirement that the facility will
implement for the individual who is granted access to the facility,
including the following:
(1) Screening.
(2) Personal protective equipment requirements and instructions
on the proper use of the equipment.
(3) Restrictions when entering patient rooms.
(4) Disclosure of any risks associated with the individual's entry
onto the premises, including risks during an epidemic or when a
communicable disease is involved.
(5) Written acknowledgment from the individual entering the
premises that the individual:
(A) will follow the established protocols;
(B) holds the facility, its employees, and health care providers
harmless for exposure to a disease or other harmful agent
specified during a disaster emergency declared under IC 10-14-3-12 while the individual is allowed to enter the facility;
and
(C) received and acknowledges the disclosure of the risks
described in subdivision (4).
(f) Nothing in this section may be construed to prevent a facility
from limiting the number of designated individuals that a person
admitted as a patient may see if the limitations are explicitly required
under a disaster emergency or public health emergency declaration.
(g) A hospital, its employees, and contractors are immune from civil
liability for an injury or harm caused by or resulting from:
(1) the exposure of a contagious disease or other harmful agent
that is specified during a disaster emergency declared under IC 10-14-3-12; or
(2) acts or omissions by visitors who are present in the hospital;
as a result of the implementation of the protocols under this chapter.
The immunity described in this section does not apply to any act or
omission that constitutes gross negligence or willful or wanton
misconduct.

Legislative History

As added by P.L.142-2021, SEC.3.