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

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

Sec. 15.7. (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.

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