Amendments	Fiscal Memos
HA0690	Amendment 1-0 to HB1883

	Amendments	Fiscal Memos
SA0519	Amendment 1-1 to SB1641
SA0520	Amendment 2-2 to SB1641
SA0521	Amendment 3-3 to SB1641

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill generally authorizes in-person visitation with the principal at a hospital, to evaluate the principal's condition, for the following individuals:

(1) An attorney in fact who is designated to make healthcare decisions under a durable power of attorney; and

(2) An individual designated in an advance directive for health care to make a healthcare decision for the individual granting power ("agent").

This bill requires a hospital to permit the attorney in fact or agent no less than one in-person visit with the principal for each day the principal is in the hospital.

This bill prohibits a hospital, the governor or governor's designee, or another individual or entity acting on behalf of this state from terminating, suspending, waiving, or otherwise limiting, upon declaration of a disaster or emergency by the hospital, the visitation right described above.

EXCEPTIONS

This bill authorizes a hospital to require the attorney in fact or agent to submit to non-invasive health and safety protocols to enter the hospital for visitation as described above.

This bill, for purposes of agent visitation, excludes state-run hospitals for the treatment of mental illness or other mental conditions.

ON FEBRUARY 12, 2024, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 1641, AS AMENDED.

AMENDMENT #3 makes the following changes to this bill:

(1) Adds that the hours the attorney in fact designated to make healthcare decisions under a durable power of attorney for health care may visit the principal are during regular visitation hours, and that the hospital must make a reasonable effort to ensure that each visit is at least one hour long;

(2) Clarifies that the exceptions to (1) above are as follows: (i) a hospital may require that an attorney in fact submit to non-invasive health and safety protocols before visitation; (ii) the visitation right described in (1) above does not apply to a principal who is detained by law enforcement or security while in the hospital; and (iii) the hospital may limit the visitation right of the attorney in fact while the principal is undergoing a surgery or other invasive procedure;

(3) Adds that the hours an agent designated to make healthcare decisions under a power of attorney for health care may visit the principal are during regular visitation hours, and that the hospital must make a reasonable effort to ensure that each visit is at least one hour long; and

(4) Clarifies that the exceptions to (3) above are as follows: (i) a hospital may require that an attorney in fact submit to non-invasive health and safety protocols before visitation; (ii) the visitation right described in (3) above does not apply to a principal who is detained by law enforcement or security while in the hospital; and (iii) the hospital may limit the visitation right of the attorney in fact while the principal is undergoing a surgery or other invasive procedure.

ON APRIL 8, 2024, THE HOUSE SUBSTITUTED SENATE BILL 1641 FOR HOUSE BILL 1883, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1641, AS AMENDED.

AMENDMENT #1 makes the following changes:

(1) Authorizes the principal to limit the right of an attorney in fact designated to make healthcare decisions to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition at least one time per day by (i) indicating such limitation in the durable power of attorney for healthcare; or (ii) notifying the healthcare provider orally or in writing that the principal declines a visit; and

(2) Authorizes the principal to limit the right of an agent designated to make healthcare decisions under a power of attorney for health care to in-person visitation with the principal at a hospital where the principal is located to evaluate the principal's condition at least one time per day by (i) indicating such limitation in the power of attorney for health care; or (ii) notifying the healthcare provider orally or in writing that the principal declines a visit.