Bill Description: House Bill 489 would clarify and expand upon the rights of patients to receive in-person visits from family and designated caregivers. 

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Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 489 would amend sections 39-9801, 39-9802, and 39-9803, Idaho Code, to clarify and expand upon the rights of patients to receive in-person visits from family and designated caregivers. 

The bill would change the definition of "essential caregiver" to say that it includes a "patient's or resident's spouse, adult child, parent, guardian, conservator, health care agent, or surrogate decision-maker … and may also include any person or persons designated by a patient, resident, or surrogate decision-maker to visit the patient or resident at the facility." Such a designation may be revoked at any time. 

The bill also clarifies that a hospital or health care facility may not "limit the number of essential caregivers that may be designated by a patient, resident, or surrogate decision-maker; or define the term 'essential caregiver' more narrowly than the term is defined in this section."

The bill expands the section detailing legislative findings and intent, saying, "Idaho families have a constitutionally protected liberty interest in companionship and society with one another; the access of patients and residents in certain facilities to their family, friends, advocates, clergy, and advisers has been at times severely curtailed; involuntary isolation has deleterious effects on a person's health and well-being, and such effects can be severe and even deadly for persons already in a frail state of health; and no person should be required to surrender the ability to associate simply because the person needs care."

It also says, "the provisions of this chapter should be broadly construed in the light most favorable" to "guarantee and protect the right of Idahoans to be visited by essential caregivers of their choosing when staying in a health care or assistance facility."

Finally, the bill instructs hospitals and health care facilities to inform patients and residents about their rights concerning essential caregivers.

Language is also added to clarify that inmates and others in custody "shall be subject to the visitation terms set by the custodial entity."

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