Image Credit: capitol.tn.gov
The Tennessee Conservative Staff –
The House Health Subcommittee moved forward with a bill that would prevent Tennessee hospitals from keeping individuals who hold power of attorney for a patient from visiting that patient.
House Bill 1883 (HB1883), sponsored by Representative Kip Capley (R-Summertown-District 71), “creates the right of an attorney in fact designated to make healthcare decisions under a durable power of attorney for health care to conduct at least one in-person visitation with the principal for each day the principal is in a hospital; permits the hospital to require the attorney in fact to submit to non-invasive health and safety protocols; prohibits the visitation right from being terminated, suspended, waived, or otherwise limited during a declared disaster or state of emergency. – Amends TCA Title 34; Title 63 and Title 68.”
The legislation guarantees that the person deemed power of attorney can visit the patient at least once a day for a minimum of one hour.
The subcommittee began by passing an amendment to the bill that clarified language of the legislation. Capley noted that the visitation rule would not apply for persons who were in the custody of law enforcement or those who were having surgery or other invasive procedures.
During the discussion period, Representative Ryan Williams (R-Cookeville-District 42), expressed concern that the bill as written could actually undermine patients’ rights. He asked if hospitals would be forced to allow a power of attorney to visit if the patient said they did not want to receive the visitor.
Capley noted that the amendment would reserve the right of the patient, and Caroline Miller from legal services affirmed that the legislation would allow a patient to decline a visit.
Following the discussion, Chairman David Hawk (R-Greeneville-District 5) called for a voice vote. The bill passed with ayes prevailing. No representatives requested to be recorded as a no.
The bill will move on to the full House Health Committee.
The companion Senate Bill 1641 (SB1641), sponsored by Senator Mark Pody (R-Lebanon-District 17), was passed on February 12.
