IC 16-28-2-12: Visitation of a resident during a declared emergency; public health emergency, or crisis; burden of proof in denial of visitation

Sec. 12. (a) As used in this section, "facility" includes the following:

(1) A health facility licensed under this article.

(2) A residential care facility.

(b) During a declared emergency, public health emergency, or similar crisis, a facility shall allow, in accordance with guidelines from the Centers for Medicare and Medicaid Services, visitation of a resident by the resident's family member, legal representative, clergy, or essential family caregiver (as determined in IC 16-28-6.5), or an individual who can meet the resident's needs, regardless of visitation restrictions implemented by the facility, in compassionate care situations, including the following:

(1) End of life situations.

(2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support.

(3) A resident who is grieving the recent death of a family member or friend.

(4) A resident who is experiencing weight loss or dehydration and is in need of cuing and encouragement for eating or drinking that was previously provided to the resident by a family member or caregiver.

(5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had.

(6) A resident who is diagnosed with Alzheimer's disease, dementia, or a related cognitive disorder, and is experiencing distress due to a lack of visitation.

(7) A resident who is failing to thrive.

(c) A facility has the burden of proof in justifying the facility's decision to deny visitation for a resident's family member, legal representative, or essential family caregiver in a compassionate care situation under this section.