Lawmakers protect rights of caregivers to visit care facilities

Bill won unanimous approval

FRANKFORT, Ky. (KT) – In their brief time in session on Friday, lawmakers took final action on a measure that would establish the right to designate an essential caregiver to visit a resident in-person at long-term care facilities, assisted-living communities and state mental hospitals.

Senate Bill 100, sponsored by Sen. Julie Raque Adams, R-Louisville, states that the Cabinet for Health and Family Services shall require a community, a facility and a mental hospital to such visitation by an essential compassionate care visitor. That could include a family member, legal guardian, outside caregiver, friend or volunteer who is important to the mental, physical or social well-being of the resident.

The bill won unanimous approval from the Senate on Jan. 21, 35-0, then passed the House 94-0 on Jan. 27. However, the House made changes to the legislation, requiring the Senate to take a vote on whether to concur in the changes.

Adams said she thought the House made some excellent changes to her bill.

“References to essential compassionate care visitor were changed to essential personal care visitor,” she said. “This change was due to feedback we received from the Cabinet for Health and Family Services, regarding the need for consistency in terminology between state and federal law.”

Another change involved the ability of a facility to limit visitation to one location. “This change is necessary to address the needs of those immobile residents,” Adams said. “We believe the visitations should be tied to the resident, rather than to a location within the facility.”

She concluded, “I think this has come back to our chamber a much better bill, and I hope the Body will support these changes.”

The chamber approved the House changes by a voice vote, then on a 31-0 roll call vote, gave SB 100 final approval.

The measure now heads to the governor’s office.