{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-137.08.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-137.08.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-137.08.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-137.08.html"}],"law_id":81633,"edition_id":1,"section_id":81633,"structure_id":12729,"section_number":"32.1-137.08","catch_line":"Medical care facilities; persons with disabilities; designated support persons","history":"2021, Sp. Sess. I, c. 220.","full_text":"A\n\nAs used in this section:\n\t\t\t“Activity of daily living” means a personal care task such as bathing, dressing, toileting, transferring, and eating or feeding.\n\t\t\t“Admission” means (i) with regard to a medical care facility that is a hospital or hospice facility, accepting a person for (a) bed occupancy and care that is anticipated to span at least two midnights or (b) observation and (ii) with regard to a medical care facility that is an outpatient surgical hospital, accepting a person for care, irrespective of anticipated length of care.\n\t\t\t“Care provider” means any person or entity responsible for the care of a person with a disability prior to admission of the person with a disability to a medical facility.\n\t\t\t“Designated support person” means a person who is 18 years of age or older; knowledgeable about the needs of a person with a disability; and designated, orally or in writing, by the person with a disability or his guardian, authorized representative, or care provider to provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability at any time during which health care services are provided.\n\t\t\t“Medical care facility” means a hospital licensed pursuant to this article that provides inpatient care, other than a hospital that is certified as a long-term acute care hospital or specialty rehabilitation hospital; an outpatient surgical hospital licensed or certified pursuant to this article; a hospice facility licensed pursuant to Article 7 (§ 32.1-162.1 et seq.); and any institution exempt from licensure pursuant to clause (vi) of § 32.1-124.\n\t\t\t“Person with a disability” means a person who, prior to admission to a medical care facility, had a physical, sensory, mental, or emotional impairment that substantially limits one or more activities of daily living or has a record of such impairment.\n\t\t\t“Support and assistance necessary due to the specifics of the person’s disability” means support and assistance, including assistance with activities of daily living, communication, decision-making, and other supports, that is (i) necessary due to the absence, loss, diminution, or impairment of a physical, sensory, behavioral, cognitive, or emotional function of the person due to the specifics of his disability; (ii) provided by a designated support person; (iii) ongoing; and (iv) necessary for the care of, and to afford meaningful access to health care for, the person with a disability.B\n\nEvery medical care facility 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 designated support person 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. 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 designated support person. However, no medical care facility shall be required to allow more than one designated support person to be present with a person with a disability at any time.C\n\nA designated support person is not a visitor and shall not be subject to any restrictions on visitation adopted by a medical care facility. However, such designated support person may be required to comply with all reasonable requirements of the medical care facility adopted to protect the health and safety of the person with a disability; the designated support person; the staff and other patients of, or visitors to, the medical care facility; and the public. A medical care facility may restrict a designated support person’s access to specified areas of and movement on the premises of the medical care facility when such restrictions are determined by the medical care facility to be reasonably necessary to protect the health and safety of the person with a disability; the designated support person; the staff and other patients of, or visitors to, the medical care facility; and the public.D\n\nA medical care facility may request that a person with a disability provide documentation indicating that he is a person with a disability and, if the person fails, refuses, or is unable to provide such documentation, perform an objective assessment of the person to determine whether he is a person with a disability; however, the failure of a hospital to perform such objective assessment shall not constitute grounds for prohibiting a designated support person 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\n\nEvery medical care facility shall (i) 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 designated support person for the purpose of providing support and assistance necessary due to the specifics of the person’s disability and (ii) develop and make available to a patient, the patient’s guardian, the patient’s authorized representative, or the person’s care provider upon request of the patient, guardian, authorized representative, or care provider 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 designated support person and policies related thereto. Every medical care facility shall also make such written information available to the public on its website.F\n\nThe Department shall develop and make available on its website information for the public regarding (i) 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 designated support person 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 and (ii) the requirements of this section.G\n\nNothing in this section shall alter the obligation of a medical care facility to provide patients with effective communication support or other required services, regardless of the presence of a designated support person or other reasonable accommodation, consistent with applicable federal or state law or regulations.H\n\nNothing in this section shall be interpreted to (i) prevent a medical care facility from complying, or interfere with the ability of a medical care facility to comply, with or cause a medical care facility to violate any federal or state law or regulation, (ii) deem a designated support person to be acting under the direction or control of the medical care facility or as an agent of the medical care facility, or (iii) require any medical care facility to allow a designated support person to perform any action or provide any support or assistance necessary due to the specifics of the person’s disability when the medical care facility reasonably determines that the performance of such action or provision of such support or assistance necessary due to the specifics of the person’s disability would be medically or therapeutically contraindicated or would pose a threat to the health and safety of the person with a disability; the designated support person; or the staff or other patients of, or visitors to, the medical care facility.","order_by":null,"text":{"0":{"id":292384,"text":"As used in this section:\n\t\t\t“Activity of daily living” means a personal care task such as bathing, dressing, toileting, transferring, and eating or feeding.\n\t\t\t“Admission” means (i) with regard to a medical care facility that is a hospital or hospice facility, accepting a person for (a) bed occupancy and care that is anticipated to span at least two midnights or (b) observation and (ii) with regard to a medical care facility that is an outpatient surgical hospital, accepting a person for care, irrespective of anticipated length of care.\n\t\t\t“Care provider” means any person or entity responsible for the care of a person with a disability prior to admission of the person with a disability to a medical facility.\n\t\t\t“Designated support person” means a person who is 18 years of age or older; knowledgeable about the needs of a person with a disability; and designated, orally or in writing, by the person with a disability or his guardian, authorized representative, or care provider to provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability at any time during which health care services are provided.\n\t\t\t“Medical care facility” means a hospital licensed pursuant to this article that provides inpatient care, other than a hospital that is certified as a long-term acute care hospital or specialty rehabilitation hospital; an outpatient surgical hospital licensed or certified pursuant to this article; a hospice facility licensed pursuant to Article 7 (§ 32.1-162.1 et seq.); and any institution exempt from licensure pursuant to clause (vi) of § 32.1-124.\n\t\t\t“Person with a disability” means a person who, prior to admission to a medical care facility, had a physical, sensory, mental, or emotional impairment that substantially limits one or more activities of daily living or has a record of such impairment.\n\t\t\t“Support and assistance necessary due to the specifics of the person’s disability” means support and assistance, including assistance with activities of daily living, communication, decision-making, and other supports, that is (i) necessary due to the absence, loss, diminution, or impairment of a physical, sensory, behavioral, cognitive, or emotional function of the person due to the specifics of his disability; (ii) provided by a designated support person; (iii) ongoing; and (iv) necessary for the care of, and to afford meaningful access to health care for, the person with a disability.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292385,"text":"Every medical care facility 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 designated support person 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. 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 designated support person. However, no medical care facility shall be required to allow more than one designated support person to be present with a person with a disability at any time.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292386,"text":"A designated support person is not a visitor and shall not be subject to any restrictions on visitation adopted by a medical care facility. However, such designated support person may be required to comply with all reasonable requirements of the medical care facility adopted to protect the health and safety of the person with a disability; the designated support person; the staff and other patients of, or visitors to, the medical care facility; and the public. A medical care facility may restrict a designated support person’s access to specified areas of and movement on the premises of the medical care facility when such restrictions are determined by the medical care facility to be reasonably necessary to protect the health and safety of the person with a disability; the designated support person; the staff and other patients of, or visitors to, the medical care facility; and the public.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":292387,"text":"A medical care facility may request that a person with a disability provide documentation indicating that he is a person with a disability and, if the person fails, refuses, or is unable to provide such documentation, perform an objective assessment of the person to determine whether he is a person with a disability; however, the failure of a hospital to perform such objective assessment shall not constitute grounds for prohibiting a designated support person 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":292388,"text":"Every medical care facility shall (i) 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 designated support person for the purpose of providing support and assistance necessary due to the specifics of the person’s disability and (ii) develop and make available to a patient, the patient’s guardian, the patient’s authorized representative, or the person’s care provider upon request of the patient, guardian, authorized representative, or care provider 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 designated support person and policies related thereto. Every medical care facility shall also make such written information available to the public on its website.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":292389,"text":"The Department shall develop and make available on its website information for the public regarding (i) 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 designated support person 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 and (ii) the requirements of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":292390,"text":"Nothing in this section shall alter the obligation of a medical care facility to provide patients with effective communication support or other required services, regardless of the presence of a designated support person or other reasonable accommodation, consistent with applicable federal or state law or regulations.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":292391,"text":"Nothing in this section shall be interpreted to (i) prevent a medical care facility from complying, or interfere with the ability of a medical care facility to comply, with or cause a medical care facility to violate any federal or state law or regulation, (ii) deem a designated support person to be acting under the direction or control of the medical care facility or as an agent of the medical care facility, or (iii) require any medical care facility to allow a designated support person to perform any action or provide any support or assistance necessary due to the specifics of the person’s disability when the medical care facility reasonably determines that the performance of such action or provision of such support or assistance necessary due to the specifics of the person’s disability would be medically or therapeutically contraindicated or would pose a threat to the health and safety of the person with a disability; the designated support person; or the staff or other patients of, or visitors to, the medical care facility.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":12729,"edition_id":1,"name":"Hospital and Nursing Home Licensure and Inspection","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202857,"object_type":"structure","relational_id":12729,"identifier":"1","token":"32.1\/5\/1","url":"\/32.1\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80727,"structure_id":12729,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","url":"\/32.1-123\/","token":"32.1\/5\/1\/32.1-123","metadata":false},{"id":75042,"structure_id":12729,"section_number":"32.1-124","catch_line":"Exemptions","url":"\/32.1-124\/","token":"32.1\/5\/1\/32.1-124","metadata":false},{"id":58545,"structure_id":12729,"section_number":"32.1-125","catch_line":"Establishment or operation of hospitals and nursing homes prohibited without license or certification; 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A.<\/span> As used in this section:\n\t\t\t“Activity of daily living<\/span>” means a personal care task such as bathing, dressing, toileting, transferring, and eating or feeding.\n\t\t\t“Admission<\/span>” means (i) with regard to a medical care facility<\/span> that is a hospital<\/span> or hospice facility, accepting a person for (a) bed occupancy and care that is anticipated to span at least two midnights or (b) observation and (ii) with regard to a medical care facility<\/span> that is an outpatient surgical hospital<\/span>, accepting a person for care, irrespective of anticipated length of care.\n\t\t\t“Care provider<\/span>” means any person or entity responsible for the care of a person with a disability<\/span> prior to admission<\/span> of the person with a disability<\/span> to a medical facility.\n\t\t\t“Designated support person<\/span>” means a person who is 18 years of age or older; knowledgeable about the needs of a person with a disability<\/span>; and designated, orally or in writing, by the person with a disability<\/span> or his guardian, authorized representative, or care provider<\/span> to provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability<\/span> at any time during which health care services are provided.\n\t\t\t“Medical care facility<\/span>” means a hospital<\/span> licensed pursuant to this article that provides inpatient care, other than a hospital<\/span> that is certified as a long-term acute care hospital<\/span> or specialty rehabilitation hospital<\/span>; an outpatient surgical hospital<\/span> licensed or certified pursuant to this article; a hospice facility licensed pursuant to Article 7 (§ 32.1-162.1<\/a> et seq.); and any institution exempt from licensure pursuant to clause (vi) of § 32.1-124<\/a>.\n\t\t\t“Person with a disability<\/span>” means a person who, prior to admission<\/span> to a medical care facility<\/span>, had a physical, sensory, mental, or emotional impairment that substantially limits one or more activities of daily living or has a record of such impairment.\n\t\t\t“Support and assistance necessary due to the specifics of the person’s disability” means support and assistance, including assistance with activities of daily living, communication, decision-making, and other supports, that is (i) necessary due to the absence, loss, diminution, or impairment of a physical, sensory, behavioral, cognitive, or emotional function of the person due to the specifics of his disability; (ii) provided by a designated support person<\/span>; (iii) ongoing; and (iv) necessary for the care of, and to afford meaningful access to health care for, the person with a disability<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every medical care facility<\/span> shall allow a person with a disability<\/span> who requires support and assistance necessary due to the specifics of the person’s disability to be accompanied by a designated support person<\/span> who will provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability<\/span> during an admission<\/span>. In any case in which the duration of the admission<\/span> lasts more than 24 hours, the person with a disability<\/span> may designate more than one designated support person<\/span>. However, no medical care facility<\/span> shall be required to allow more than one designated support person<\/span> to be present with a person with a disability<\/span> at any time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A designated support person<\/span> is not a visitor and shall not be subject to any restrictions on visitation adopted by a medical care facility<\/span>. However, such designated support person<\/span> may be required to comply with all reasonable requirements of the medical care facility<\/span> adopted to protect the health and safety of the person with a disability<\/span>; the designated support person<\/span>; the staff and other patients of, or visitors to, the medical care facility<\/span>; and the public. A medical care facility<\/span> may restrict a designated support person<\/span>’s access to specified areas of and movement on the premises of the medical care facility<\/span> when such restrictions are determined by the medical care facility<\/span> to be reasonably necessary to protect the health and safety of the person with a disability<\/span>; the designated support person<\/span>; the staff and other patients of, or visitors to, the medical care facility<\/span>; and the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A medical care facility<\/span> may request that a person with a disability<\/span> provide documentation indicating that he is a person with a disability<\/span> and, if the person fails, refuses, or is unable to provide such documentation, perform an objective assessment of the person to determine whether he is a person with a disability<\/span>; however, the failure of a hospital<\/span> to perform such objective assessment shall not constitute grounds for prohibiting a designated support person<\/span> from accompanying a person with a disability<\/span> for the purpose of providing support and assistance necessary due to the specifics of the person’s disability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Every medical care facility<\/span> shall (i) establish protocols to inform patients, at the time of admission<\/span>, of the right of a person with a disability<\/span> who requires support and assistance necessary due to the specifics of the person’s disability to be accompanied by a designated support person<\/span> for the purpose of providing support and assistance necessary due to the specifics of the person’s disability and (ii) develop and make available to a patient, the patient’s guardian, the patient’s authorized representative, or the person’s care provider<\/span> upon request of the patient, guardian, authorized representative, or care provider<\/span> written information regarding the right of a person with a disability<\/span> who requires support and assistance necessary due to the specifics of the person’s disability to be accompanied by a designated support person<\/span> and policies related thereto. Every medical care facility<\/span> shall also make such written information available to the public on its website. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> shall develop and make available on its website information for the public regarding (i) the right of a person with a disability<\/span> who requires support and assistance necessary due to the specifics of the person’s disability to be accompanied by a designated support person<\/span> who will provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability<\/span> during an admission<\/span> and (ii) the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall alter the obligation of a medical care facility<\/span> to provide patients with effective communication support or other required services, regardless of the presence of a designated support person<\/span> or other reasonable accommodation, consistent with applicable federal or state law<\/span> or regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section shall be interpreted to (i) prevent a medical care facility<\/span> from complying, or interfere with the ability of a medical care facility<\/span> to comply, with or cause a medical care facility<\/span> to violate any federal or state law<\/span> or regulation, (ii) deem a designated support person<\/span> to be acting under the direction or control of the medical care facility<\/span> or as an agent of the medical care facility<\/span>, or (iii) require any medical care facility<\/span> to allow a designated support person<\/span> to perform any action or provide any support or assistance necessary due to the specifics of the person’s disability when the medical care facility<\/span> reasonably determines that the performance of such action or provision of such support or assistance necessary due to the specifics of the person’s disability would be medically or therapeutically contraindicated or would pose a threat to the health and safety of the person with a disability<\/span>; the designated support person<\/span>; or the staff or other patients of, or visitors to, the medical care facility<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEDICAL CARE FACILITIES; PERSONS WITH DISABILITIES; DESIGNATED SUPPORT PERSONS\n(\u00a7 32.1-137.08)\n\nA. As used in this section:\n\t\t\t“Activity of daily living” means a personal care task such as\nbathing, dressing, toileting, transferring, and eating or feeding.\n\t\t\t“Admission” means (i) with regard to a medical care facility that\nis a hospital or hospice facility, accepting a person for (a) bed occupancy and\ncare that is anticipated to span at least two midnights or (b) observation and\n(ii) with regard to a medical care facility that is an outpatient surgical\nhospital, accepting a person for care, irrespective of anticipated length of\ncare.\n\t\t\t“Care provider” means any person or entity responsible for the\ncare of a person with a disability prior to admission of the person with a\ndisability to a medical facility.\n\t\t\t“Designated support person” means a person who is 18 years of age\nor older; knowledgeable about the needs of a person with a disability; and\ndesignated, orally or in writing, by the person with a disability or his\nguardian, authorized representative, or care provider to provide support and\nassistance necessary due to the specifics of the person’s disability to\nthe person with a disability at any time during which health care services are\nprovided.\n\t\t\t“Medical care facility” means a hospital licensed pursuant to\nthis article that provides inpatient care, other than a hospital that is\ncertified as a long-term acute care hospital or specialty rehabilitation\nhospital; an outpatient surgical hospital licensed or certified pursuant to this\narticle; a hospice facility licensed pursuant to Article 7 (§ 32.1-162.1 et\nseq.); and any institution exempt from licensure pursuant to clause (vi) of\n§ 32.1-124.\n\t\t\t“Person with a disability” means a person who, prior to admission\nto a medical care facility, had a physical, sensory, mental, or emotional\nimpairment that substantially limits one or more activities of daily living or\nhas a record of such impairment.\n\t\t\t“Support and assistance necessary due to the specifics of the\nperson’s disability” means support and assistance, including\nassistance with activities of daily living, communication, decision-making, and\nother supports, that is (i) necessary due to the absence, loss, diminution, or\nimpairment of a physical, sensory, behavioral, cognitive, or emotional function\nof the person due to the specifics of his disability; (ii) provided by a\ndesignated support person; (iii) ongoing; and (iv) necessary for the care of,\nand to afford meaningful access to health care for, the person with a\ndisability.\n\nB. Every medical care facility shall allow a person with a disability who\nrequires support and assistance necessary due to the specifics of the\nperson’s disability to be accompanied by a designated support person who\nwill provide support and assistance necessary due to the specifics of the\nperson’s disability to the person with a disability during an admission.\nIn any case in which the duration of the admission lasts more than 24 hours, the\nperson with a disability may designate more than one designated support person.\nHowever, no medical care facility shall be required to allow more than one\ndesignated support person to be present with a person with a disability at any\ntime.\n\nC. A designated support person is not a visitor and shall not be subject to any\nrestrictions on visitation adopted by a medical care facility. However, such\ndesignated support person may be required to comply with all reasonable\nrequirements of the medical care facility adopted to protect the health and\nsafety of the person with a disability; the designated support person; the staff\nand other patients of, or visitors to, the medical care facility; and the\npublic. A medical care facility may restrict a designated support person’s\naccess to specified areas of and movement on the premises of the medical care\nfacility when such restrictions are determined by the medical care facility to\nbe reasonably necessary to protect the health and safety of the person with a\ndisability; the designated support person; the staff and other patients of, or\nvisitors to, the medical care facility; and the public.\n\nD. A medical care facility may request that a person with a disability provide\ndocumentation indicating that he is a person with a disability and, if the\nperson fails, refuses, or is unable to provide such documentation, perform an\nobjective assessment of the person to determine whether he is a person with a\ndisability; however, the failure of a hospital to perform such objective\nassessment shall not constitute grounds for prohibiting a designated support\nperson from accompanying a person with a disability for the purpose of providing\nsupport and assistance necessary due to the specifics of the person’s\ndisability.\n\nE. Every medical care facility shall (i) establish protocols to inform patients,\nat the time of admission, of the right of a person with a disability who\nrequires support and assistance necessary due to the specifics of the\nperson’s disability to be accompanied by a designated support person for\nthe purpose of providing support and assistance necessary due to the specifics\nof the person’s disability and (ii) develop and make available to a\npatient, the patient’s guardian, the patient’s authorized\nrepresentative, or the person’s care provider upon request of the patient,\nguardian, authorized representative, or care provider written information\nregarding the right of a person with a disability who requires support and\nassistance necessary due to the specifics of the person’s disability to be\naccompanied by a designated support person and policies related thereto. Every\nmedical care facility shall also make such written information available to the\npublic on its website.\n\nF. The Department shall develop and make available on its website information\nfor the public regarding (i) the right of a person with a disability who\nrequires support and assistance necessary due to the specifics of the\nperson’s disability to be accompanied by a designated support person who\nwill provide support and assistance necessary due to the specifics of the\nperson’s disability to the person with a disability during an admission\nand (ii) the requirements of this section.\n\nG. Nothing in this section shall alter the obligation of a medical care facility\nto provide patients with effective communication support or other required\nservices, regardless of the presence of a designated support person or other\nreasonable accommodation, consistent with applicable federal or state law or\nregulations.\n\nH. Nothing in this section shall be interpreted to (i) prevent a medical care\nfacility from complying, or interfere with the ability of a medical care\nfacility to comply, with or cause a medical care facility to violate any federal\nor state law or regulation, (ii) deem a designated support person to be acting\nunder the direction or control of the medical care facility or as an agent of\nthe medical care facility, or (iii) require any medical care facility to allow a\ndesignated support person to perform any action or provide any support or\nassistance necessary due to the specifics of the person’s disability when\nthe medical care facility reasonably determines that the performance of such\naction or provision of such support or assistance necessary due to the specifics\nof the person’s disability would be medically or therapeutically\ncontraindicated or would pose a threat to the health and safety of the person\nwith a disability; the designated support person; or the staff or other patients\nof, or visitors to, the medical care facility.\n\nHISTORY: 2021, Sp. Sess. I, c. 220.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}