by Anita Schnee, Attorney at Law
Yes, it can.
The past year has taught us how important family contact is with our elders who are hospitalized or who live in residential facilities. So it is especially discouraging to fear that family visits may end again, now that we are in the epicenter of another surge. That fear has just been realized in Fayetteville, where an assisted-living facility has had to suspend family visits when a resident contracted the virus.
Back in March of this year, the Arkansas Legislature enacted a law called “No Patient Left Alone.” This law requires “compassionate care” visits, including those from family, especially when the elder is “distressed” — not eating, grieving, depressed, or the like. But the law does contain one clause that would permit closure if the presence of outside visitors were inadvisable for medical or therapeutic reasons. It seems likely that the Fayetteville facility would be relying on this clause to permit its closure.
Despite the surge, we are unlikely to face another state-wide lock-down, at least in the immediate future. The Legislature has recently erected significant obstacles to such a thing. Lock-downs, and mandatory mask-wearing for another example, can no longer be imposed by any governmental entity other than the Legislature. It took that power away from the Governor, the Health Department, and municipalities, when it passed a series of laws to that effect last session in April. Private facilities and businesses, however, remain free to make up their own requirements.
Even despite the surge, it is difficult to imagine that the Legislature would declare another state-wide lock-down – and anyway, it’s unclear what’s supposed to happen in that regard when the Legislature is not in session.
It is extremely regrettable that we appear to be entering yet another threatening stage to this pandemic, but especially elders and unvaccinated people are at serious risk. Stay in contact with your elders, and wear a mask when you visit them regardless whether the facility permits otherwise.
