Idaho Code 56-1705 – Patient and Resident Rights Under Crisis Standards of Care
Current as of: 2023 | Check for updates
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During any period of time in which crisis standards of care are activated:
(1) All existing and applicable state and federal patient and resident rights shall be applied. These rights include but are not limited to adherence to a patient’s or resident’s advance directives and access to patient or resident advocates and decision-makers. No patient or resident shall be denied life-sustaining nutrition and hydration, except when expressly authorized by the patient or resident or the patient’s or resident’s legal representative for health care decisions; and
Terms Used In Idaho Code 56-1705
- Assistance: means aid in meeting daily living needs. See Idaho Code 56-1703
- Crisis standards of care: means a substantial change in the usual health care operations and the level of care it is possible to deliver, justified by specific circumstances and formally declared by a state government in recognition that crisis operations will be in effect for a sustained period. See Idaho Code 56-1703
- Essential caregiver: means a person designated by a patient or resident to visit the patient or resident at a health care facility. See Idaho Code 56-1703
- facility: means a hospital, a nursing facility, or an intermediate care facility for individuals with intellectual disabilities as defined in chapter 13, title 39, Idaho Code, or a residential care or assisted living facility as defined in chapter 33, title 39, Idaho Code. See Idaho Code 56-1703
- Health care services: means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. See Idaho Code 56-1703
- Patient: means a person receiving health care services at a health care facility. See Idaho Code 56-1703
- Resident: means a person receiving assistance at a health care facility. See Idaho Code 56-1703
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(2) A patient or resident in a facility has the right to visitation from essential caregivers while receiving assistance or health care services at a facility, even if other visitors are being excluded by the facility. However, the essential caregiver must follow safety and other protocols imposed by the facility, and a facility may place reasonable restrictions as to where and when the essential caregiver may visit. For purposes of this subsection, a restriction is reasonable if the restriction:
(a) Is necessary to prevent the disruption of assistance or health care services to the patient or resident; and
(b) Does not interfere with the patient’s or resident’s general right to visitation by an essential caregiver.