12VAC5-410-235: Persons with a disability; designated support person in general hospitals

A. For the purposes of this section:

1. "Admission" means accepting a person for bed occupancy and care that is anticipated to span at least two midnights or for observation;

2. "General hospital" means a general hospital other than one that is certified as a long-term acute care hospital or specialty rehabilitation hospital.

B. A general hospital shall allow a person with a disability who requires support and assistance necessary due to the specifics of the person's disability to be accompanied by a DSP who will provide support and assistance necessary due to the specifics of the person's disability to the person with a disability during an admission.

1. In any case in which the duration of the admission lasts more than 24 hours, the person with a disability may designate more than one DSP.

2. No general hospital shall be required to allow more than one DSP to be present with a person with a disability at any time.

C. A general hospital may:

1. Not subject a DSP to any restrictions on visitation;

2. Require a DSP to comply with all reasonable requirements of a general hospital adopted to protect the health and safety of the person with a disability; the DSP; the staff and other patients of, or visitors to, a general hospital; and the public; and

3. Restrict a DSP's access to specified areas of and movement on the premises of a general hospital when such restrictions are determined by a general hospital to be reasonably necessary to protect the health and safety of the person with a disability; the DSP; the staff and other patients of, or visitors to, a general hospital; and the public.

D. A general hospital may request that a person with a disability provide documentation indicating status as a person with a disability.

1. If the person with a disability fails, refuses, or is unable to provide documentation requested pursuant to subsection D of this section, a general hospital may perform an objective assessment of the person to determine qualification as a person with a disability.

2. If a general hospital fails to perform an objective assessment pursuant to subdivision D 1 of this section, a general hospital may not prohibit a DSP from accompanying a person with a disability for the purpose of providing support and assistance necessary due to the specifics of the person's disability.

E. A general hospital shall

1. Establish protocols to inform patients, at the time of admission, of the right of a person with a disability who requires support and assistance necessary due to the specifics of the person's disability to be accompanied by a DSP for the purpose of providing support and assistance necessary due to the specifics of the person's disability;

2. Develop and make available to a patient or the patient's guardian, authorized representative, or care provider upon request written information regarding the right of a person with a disability who requires support and assistance necessary due to the specifics of the person's disability to be accompanied by a DSP and any policies related to that right; and

3. Make the written information described in subdivision E 2 of this section available to the public on the general hospital's website.

G. This section may not:

1. Alter the obligation of a general hospital to provide patients with effective communication support or other required services, regardless of the presence of a DSP or other reasonable accommodation, consistent with applicable federal or state law or regulations; and

2. Be interpreted to:

a. Prevent a general hospital from complying, or interfere with the ability of a general hospital to comply, with or cause a general hospital to violate any federal or state law or regulation;

b. Deem a DSP to be acting under the direction or control of a general hospital or as an agent of a general hospital; or

c. Require a general hospital to allow a DSP to perform any action or provide any support or assistance necessary due to the specifics of the person's disability when a general hospital reasonably determines that the performance of the action or provision would be:

(1) Medically or therapeutically contraindicated; or

(2) A threat to the health and safety of the person with a disability, the DSP, or the staff or other patients of, or visitors to, a general hospital.