woman putting hand on hand of man resting on cane

Legislation to require assisted living communities and other long-term care facilities to grant visitor access to residents during extended lockdowns is under consideration in some states. The move comes as states begin to reopen and federal guidance loosens restrictions for those in the greater community who are fully vaccinated.

In Oklahoma, House Bill 1677 would require assisted living communities and other long-term care facilities to allow each resident to designate a compassionate caregiver during lockdowns. Compassionate caregivers could be family members, friends or volunteers who assist the resident with activities of daily living or provide emotional, mental or spiritual support. 

“Elderly Oklahomans living in these facilities are at extremely high risk for depression due to the isolation from their family,” said Rep. John Talley (R-Stillwater). “I was glad to vote for this bill to give their females some peace of mind and ensure they always have the ability to see their loved ones.”

In Arkansas, Rep. Gayla McKenzie (R-Gravette) has co-sponsored House Bill 1061 guaranteeing limited visitation at long-term care facilities during lockdowns. The “No Patient Left Alone Act” would mandate that residents of assisted living communities and other long-term care facilities be allowed at least one compassionate care visitation support person to visit on a daily basis. The visits could include end-of-life situations, adjustment support during transitions, emotional support, physical support or social support.

The bill is supported by the Arkansas Health Care Association and theh Arkansas Assisted Living Association.

In Michigan, the state Department of Health and Human Services issued an emergency order on March 2 relaxing visitation requirements for residential care facilities, including assisted living communities. 

According to the order, communities must try to allow communal dining and group activities for residents fully recovered from COVID-19 or who do not show symptoms. Physical distancing, masking and access to hand hygiene products must be implemented.

The order also requires facilities to support and accommodate indoor and outdoor visitation by appointment only, as long as there have been no new COVID-19 cases within the past 14 days and visitation and community spread did not trigger visitation prohibitions by a local health department. The order also includes limits on the number of visitors and length of time for visits. Visitors will undergo health screenings before entering a facility.

The order also requires facilities to continue to inform employees and residents of confirmed COVID-19 cases within 12 hours. Within 24 hours of a confirmed case, facilities must notify families or guardians, post a notice at the entrance, contact the local health department and inform prospective residents and staff members.

Although independent living facilities are not included in the Michigan order, they are required to contact the local health department regarding cases of COVID-positive employees or residents.

The Georgia House of Representatives passed HB 290 on Monday that would require long-term care facilities and hospitals to allow a designated visitor during a public health emergency. Under the bill, a patient or resident could designate an essential caregiver that could visit and help with daily activities or help make decisions about care.

Updated 3/9/21 with information regarding a bill passed by the Georgia House.