DeSantis signs bill guaranteeing healthcare facility visitation rights

The bill forbids health care providers and hospitals from imposing vaccine mandates as a barrier to visitation.

SB 988 requires "all Florida hospitals, hospices, nursing homes, assisted living facilities, and intermediate care facilities for the developmentally disabled" to post their visitation policies in an easily accessible and visible format on their website’s home page.

The deadline for doing so is on May 6, thirty days after the bill was signed. Visitors have to agree to rules of facilities, and can have visiting rights taken away if broken.

Beyond the regulatory standards therein, the law also dictates Florida health care facilities are required to allow in-person visitation for all of the following cases (barring objection from patients/residents themselves):

• End-of-life situations
• A resident, client, or patient who was living with family before being admitted to the provider’s care is struggling with the change in environment and lack of in-person family support.
• A resident, client, or patient is making one or more major medical decisions.
• A resident, client, or patient is experiencing emotional distress or grieving the loss of a friend or family member who recently died.
• A resident, client, or patient needs cueing or encouragement to eat or drink which was previously provided by a family member or caregiver.
• A resident, client, or patient who used to talk and interact with others is seldom speaking.
• For hospitals, childbirth, including labor and delivery.
• Pediatric patients.

"Here in Florida, we recognize that family and human connection is one of the most important aspects of physical, mental, and emotional well-being and we are ensuring Floridians are never again denied the right to see their relatives and friends while in hospitals or nursing homes," commented DeSantis.

SB 988 further allows for residents, clients, and patients the option to designate someone as an essential caregiver, granting them a guaranteed two hours of daily visitation at minimum.

State Senators Ileana Garcia and Gayle Harrell, along with state Rep. Jason Shoaf, all expressed in their statements that they heard stories from constituents about not being allowed to see family members in healthcare settings during the pandemic.

In 2020 with the onset of COVID-19, Florida nursing homes became a political battleground of different ideological sides arguing over the best response options. As DeSantis lifted a statewide ban on nursing home visits in September of that year, ABC noted how the issue made DeSantis visibly distraught.

SB 988 was signed alongside 42 other bills, and it included acts such as HB 1239, which modifies requirements for required direct care time between nursing assistants and residents. Advocates of the bill said it creates more flexibility amid staffing shortages, while opponents of the bill worry about staff spending less time with their clients.