Tenn. Code § 68-11-248

Current through Acts 2023-2024, ch. 1069
Section 68-11-248 - Visitation during end-of-life situations and presence of resident representative if disaster, emergency, or public health emergency for COVID-19 has been declared
(a) As used in this section:
(1) "COVID-19" means the novel coronavirus, SARS-CoV-2, and coronavirus disease 2019, commonly referred to as COVID-19, including any variant of SARS-CoV-2 or COVID-19;
(2) "Family member" means a spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted child, or spouse's parent;
(3) "Long-term care facility" means a nursing home or assisted-care living facility, as defined in § 68-11-201; and
(4) "Resident representative" means:
(A) A family member or another individual, chosen by a resident of a long-term care facility to act on behalf of the resident in order to support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or
(B) A court-appointed guardian or conservator of a resident.
(b) Notwithstanding another law to the contrary, during a period in which a disaster, emergency, or public health emergency for COVID-19 has been declared, a long-term care facility must allow a resident to have visitors during end-of-life situations and shall not restrict a patient from having at least one (1) resident representative present in the facility so long as the resident representative:
(1) Is not exhibiting symptoms of COVID-19 or another communicable disease;
(2) Agrees to follow all safety protocols established by the long-term care facility, which must be clearly specified in writing and be no more restrictive than protocols applicable to staff of the facility; and
(3) Would not by the representative's presence in the long-term care facility cause the facility to violate a federal or state law, rule, or guidance regulating that facility.

T.C.A. § 68-11-248

Added by 2022 Tenn. Acts, ch. 1123, s 1, eff. 7/1/2022.