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This entry was published on 2022-03-04
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SECTION 2828*2
Essential support persons allowed for individuals with disabilities during a state of emergency
Public Health (PBH) CHAPTER 45, ARTICLE 28
* § 2828. Essential support persons allowed for individuals with
disabilities during a state of emergency. 1. For purposes of this
section, the following terms shall have the following meanings:

(a) "Disability" shall mean any condition or disorder which prevents
or makes difficult for an individual the ability to communicate a
medical condition or certain specific medical or everyday needs,
including, but not limited to, autism or cerebral palsy.

(b) "Essential support person" shall mean an individual who frequently
accompanies and assists an individual with a disability with managing
and communicating basic or medical needs and is considered a critical
member of such individual's health care team.

2. (a) No general hospital shall establish any rules or regulations in
response to a pandemic or state disaster emergency declared by the
governor, prohibiting a patient who suffers from a disability from
having access to an essential support person for the duration of their
hospitalization from intake to discharge.

(b) An individual with a disability or the legal guardian for the
individual shall be allowed to designate a single primary essential
support person to assist with communicating medical needs and managing
everyday needs during hospitalization and such essential support person
shall be limited to such individual's parent, spouse or caretaker.

* NB There are 2 § 2828's