TITLE 39

HEALTH AND SAFETY

CHAPTER 98

ESSENTIAL CAREGIVERS

39-9803.  right to essential caregivers. (1) A patient or resident has the right to in-person visitation from an essential caregiver 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 and the number of essential caregivers who may visit at the same time. 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 essential caregivers.

(2)  If a facility is restricting overall visitation for patients and residents, the facility shall, at the time of intake or as soon as practicable:

(a)  Notify a patient, resident, or surrogate decision-maker of the right to:

(i)   Designate essential caregivers; and

(ii)  Remove individuals from the list of essential caregivers;

(b)  Explain to a patient, resident, or surrogate decision-maker that an essential caregiver may be any person and is not required to be a formal caregiver;

(c)  Provide each patient, resident, or surrogate decision-maker an opportunity to designate essential caregivers;

(d)  Provide each person with legal authority to designate essential caregivers the ability to restrict or remove any essential caregivers from any visitation list for the patient; and

(e)  Accommodate a patient’s, resident’s, or surrogate decision-maker’s request to have essential caregivers visit within the limits prescribed by this section. If the patient or resident is a minor or incapacitated, visitation requests must be approved by a person with legal authority to make decisions on behalf of the patient or resident, such as a parent, guardian, or conservator.

(3)  Patients who are in the custody of a peace officer and all prisoners committed to the custody of the department of correction or confined in a correctional facility as defined in section 18-101A(1), Idaho Code, shall be subject to the visitation terms set by the custodial entity.

History:

[(39-9803) 39-9703, added 2022, ch. 134, sec. 1, p. 500; am. and redesig. 2023, ch. 218, sec. 12, p. 615; am. and redesig. 2023, ch. 300, sec. 1, p. 910; am. 2024, ch. 241, sec. 3, p. 861.]