Bill sets hospital restraint rules and nursing home bed rail safeguards

A hospital patient would be entitled to be free from restraint or seclusion, subject to the federal rule that allows hospitals to use them. This applies to patients in hospitals. The surrounding patient-rights policy applies to people receiving services at licensed health facilities or agencies. A hospital may use restraint or seclusion when authorized by the cited federal regulation. The federal rule is the version in effect on the amendatory act’s effective date. If it changes later, the department would have to adopt rules incorporating the revision.

A nursing home would have to offer residents the option of bed rails and explain alternatives and risks when someone requests them. This applies to nursing home residents who use a hospital-type bed. The home must offer the option to new residents at admission and to other residents upon request. A nursing home may provide bed rails only after receiving a signed consent form and a written order from the resident’s attending physician specifying when they may be used. The home would have to document compliance, monitor use, and periodically review whether the resident still needs the rails. The department would maintain evidence-based guidance on safe rails, maintenance, mattresses, and related hazards, consulting long-term care stakeholders. A home that follows the stated requirements and guidance would not face administrative penalties based solely on providing rails; specific safety violations could still be cited. The home would offer the option at admission for new residents and upon request for other residents. It would periodically review the resident’s need for rails.