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H. B. No. 309 *HR43/R461* ~ OFFICIAL ~ G1/2
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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Lamar
HOUSE BILL NO. 309
AN ACT TO CREATE THE NO PATIENT LEFT ALONE ACT; TO PROVIDE 1
THAT MINOR AND ADULT PATIENTS IN HEALTH CARE FACILITIES SHALL HAVE 2
THE RIGHT TO DESIGNATE A VISITOR WITH VISITATION RIGHTS; TO 3
AUTHORIZE HEALTH CARE FACILITIES TO ESTABLISH CERTAIN VISITATION 4
POLICIES; TO AUTHORIZE HEALTH CARE FACILITIES TO MANDATE CERTAIN 5
SAFETY PROTOCOLS AND TO REVOKE VISITATION RIGHTS FOR FAILURE TO 6
COMPLY; TO PROHIBIT THE TERMINATION, SUSPENSION OR WAIVER OF 7
VISITATION RIGHTS BY CERTAIN PARTIES; TO PROVIDE CERTAIN 8
LIMITATIONS TO THESE RIGHTS; TO PROHIBIT HEALTH CARE FACILITIES 9
FROM REQUIRING PATIENTS TO WAIVE CERTAIN RIGHTS; TO REQUIRE THE 10
DEPARTMENT OF HEALTH TO DEVELOP CERTAIN INFORMATIONAL MATERIALS; 11
TO AUTHORIZE THE DEPARTMENT TO FINE HEALTH CARE FACILITIES FOR 12
VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. (1) This act shall be known and may be cited as 15
the "No Patient Left Alone Act." 16
(2) As used in this section, the term "health care facility" 17
has the meaning as defined in Section 41-7-173. 18
(3) Each minor who is admitted to a health care facility in 19
this state shall have the right to have a parent, guardian or 20
person standing in loco parentis to be physically present while 21
the minor patient is receiving care at the health care facility. 22
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(4) Each adult who is admitted to a health care facility in 23
this state shall have the right to designate a spouse, family 24
member or caregiver to be physically present while the adult 25
patient is receiving care at the health care facility. 26
(5) A health care facility may establish visitation policies 27
that limit or restrict visitation when: 28
(a) The presence of visitors would be medically or 29
therapeutically contraindicated in the best clinical judgment of 30
health care professionals; 31
(b) The presence of visitors would interfere with the 32
care of or rights of any patient; 33
(c) Visitors are engaging in disruptive, threatening or 34
violent behavior toward any staff member, patient or other 35
visitor; or 36
(d) Visitors are noncompliant with health care facility 37
policy. 38
(6) A health care facility may require visitors to wear 39
personal protective equipment, provided that any such required 40
equipment shall be provided by the health care facility. A 41
health care facility may require visitors to comply with 42
reasonable safety protocols and rules of conduct. The health care 43
facility may revoke visitation rights for failure to comply with 44
this section. 45
(7) Nothing in this section shall be construed to require a 46
health care facility to allow a visitor to enter an operating 47
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room, isolation room, isolation unit, behavioral health setting or 48
other typically restricted area or to remain present during the 49
administration of emergency care in critical situations. Nothing 50
in this section shall be construed to require a health care 51
facility to allow a visitor access beyond the rooms, units or 52
wards in which the patient whom the visitor is visiting is 53
receiving care or beyond general common areas in the health care 54
facility. 55
(8) The rights specified in this section may not be 56
terminated, suspended or waived by the health care facility, the 57
State Department of Health or any governmental entity, 58
notwithstanding declarations of emergency declared by the 59
Governor. No health care facility shall require a patient to 60
waive the rights specified in this section. 61
(9) Each health care facility in this state shall post on 62
its website informational materials developed by the State 63
Department of Health explaining the rights specified in this 64
section. The State Department of Health shall develop such 65
informational materials and make the materials available to health 66
care facilities for this purpose. 67
(10) The State Department of Health may impose a fine on a 68
health care facility for violating any provision of this section 69
as follows: 70
(a) A fine of not more than One Thousand Dollars 71
($1,000.00) per violation for the first day of the violation; 72
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ST: No Patient Left Alone Act; create.
(b) A fine of not more than Five Thousand Dollars 73
($5,000.00) per violation for the second day of the violation; and 74
(c) A fine of not more than Ten Thousand Dollars 75
($10,000.00) per day for each subsequent day of the violation. 76
All fines collected by the State Department of Health under 77
this subsection shall be deposited into the State General Fund. 78
(11) Unless expressly required by federal law or regulation, 79
the State Department of Health or any other state agency shall not 80
take any action against a health care facility for: 81
(a) Giving a visitor individual access to a property or 82
location controlled by the health care facility; 83
(b) Failing to protect or otherwise ensure the safety 84
or comfort of a visitor given access to a property or location 85
controlled by the health care facility; 86
(c) Failing to follow the guidelines of the Centers for 87
Disease Control and Prevention or other federal guidelines that 88
require or recommend restricting visitor access; or 89
(d) The acts or omissions of any visitor who is given 90
access to a property or location controlled by the health care 91
facility. 92
(12) This act shall not apply if compliance would cause any 93
health care facility to be in violation of any state or federal 94
regulation or directive of any regulatory agency. 95
SECTION 2. This act shall take effect and be in force from 96
and after July 1, 2026. 97