TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 17

CRISIS STANDARDS OF CARE ACT

56-1705.  Patient and resident Rights under Crisis Standards of Care. During any period of time in which crisis standards of care are activated:

(1)  All existing and applicable state and federal patient and resident rights shall be applied. These rights include but are not limited to adherence to a patient’s or resident’s advance directives and access to patient or resident advocates and decision-makers. No patient or resident shall be denied life-sustaining nutrition and hydration, except when expressly authorized by the patient or resident or the patient’s or resident’s legal representative for health care decisions; and

(2)  A patient or resident in a facility has the right to visitation from essential caregivers while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential caregiver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essential caregiver may visit. For purposes of this subsection, a restriction is reasonable if the restriction:

(a)  Is necessary to prevent the disruption of assistance or health care services to the patient or resident; and

(b)  Does not interfere with the patient’s or resident’s general right to visitation by an essential caregiver.

History:

[56-1705, added 2022, ch. 253, sec. 1, p. 830.]