little girl and her mother greeting an older woman through a window visit

(Credit: RyanJLane / Getty Images)

Legislation aimed at strengthening resident and patient visitation rights in Florida healthcare settings could have unintended consequences for assisted living communities, according to some senior living advocacy groups.

Florida Senate Bill 988, the No Patient Left Alone Act, cleared the state Senate Appropriations Committee on Health and Human Services on Wednesday, with most voicing support for the bill. Legislators say the act aims to strengthen resident and patient visitation rights in assisted living communities, nursing homes, hospitals and other healthcare facilities across the state.

A Florida Senior Living Association spokeswoman said that although the organization supports protecting residents’ and family members’ right to visitation, as well as the overall goal of SB 988, it cannot support the bill in its current form.

“We have some concerns that the current language may create unintended consequences with existing assisted living resident visitation rights,” said a spokeswoman for the organization, an Argentum state partner. The FSLA is working with Florida legislators, Gov. Ron DeSantis’ office and other stakeholders to improve the bill “with the goal of putting seniors first,” she added.

Florida Assisted Living Association CEO Veronica Catoe said that the legislation is the result of “extreme safety measures” first implemented by executive order at the onset of the pandemic. That order since has been lifted, with visitation parameters put in place. 

“Assisted living facility operators are not averse to visitation, but they continue to be cautious for the safety of both their residents and staff and follow the direction of state agencies,” Catoe told McKnight’s Senior Living. “The variety of ALFs in the state of Florida is the reason for concern about the No Patient Left Alone Act.”

Facilities, Catoe said, range from three to 350 beds, with the majority housing 10 or fewer residents. There are 3,127 assisted living facilities in Florida, and 1,737 have 10 or fewer beds.

“The proposed legislation could create a situation where two-hour visitations in a six-bed facility would result in visitors in small residential environments for 12 hours each day,” Catoe said. “Although this bill is intended to provide comfort to families and residents, in actuality it may prevent ALFs from providing safe and sufficient care to their residents by hindering daily operations and promoting crowded conditions.”

Florida Health Care Association CEO Emmett Reed testified in support of the legislation, saying that the organization, the state affiliate of the American Healthcare Association / National Center for Assisted Living, recognizes “just how important visitation is to our residents’ emotional well-being and their quality of life.”

“We all recognize just how important visitation is to our residents’ emotional well-being and their quality of life,” Reed said. “As COVID cases rise and fall in our community, our nursing centers are keeping their doors open to visitors, because we know just how critical those personal connections are.

“Visitation is important, and it can be done safely.”

The availability and accessibility of visitation in Florida’s long-term care and healthcare facilities varies widely by facility type. Although nursing homes and hospitals must adhere to federal guidelines for visitation, assisted living communities operate under a state license. 

The bill would require providers to allow visitors in end-of-life situations, times of emotional distress and when residents need support for activities of daily living. Violations would lead to a $500 fine per instance if the issue is not corrected in a timely manner. Providers would be required to submit their visitation policies to the state Agency for Health Care Administration by Jan. 1 each year.

Facilities still could require visitors to adhere to infection-control protocols, including health screenings and wearing personal protective equipment, and they could deny entry to those who refuse to comply.

The bill also would require Florida AHCA to create a dedicated web page explaining visitation rights and providing an avenue for reporting violations.