Lawmakers seek clarification of hospital visitation language under 'No Patient Left Alone' law

Representatives raised concerns about the Department of Health's proposed hospital rule implementing the No Patient Left Alone Act, saying the rule uses the phrase "may include" in listing authorized visitors when the statute uses the stronger phrasing that a patient "has a right to" certain visitors.

Representative Wing asked whether using "may include" could create opportunities for facilities to deny visitation. DOH replied that the language was taken verbatim from statute and that "may" in this context is intended as a nonexclusive list, not a limitation. DOH staff said they would not interpret the language to exclude parents or guardians and agreed to consult with the bill sponsor, Representative Mayberry, and provide clarifications to the committee before the rules go to Rules.

DOH also described related hospital rule updates to comply with recent session acts, including corrections to certified anesthetist language (changing "under supervision" to "in consultation with a physician") and additions to ensure consistency for freestanding birth centers and critical access hospitals. The committee required DOH to provide written explanations for the visitation wording prior to the Rules committee review.

Next steps: DOH to provide a written crosswalk and clarifications to committee staff and consult with the bill sponsor before the rules proceed.