HB 2449 Summary

• Requires health care institutions that allow any in-person visitation to permit clergy members to visit residents upon request for religious purposes, including during declared states of emergency.

• Mandates clergy visitation access when a resident's death is imminent if either the resident or their legal representative requests such a visit.

• Allows health care institutions to require clergy to comply with reasonable health and safety precautions, including health screenings and personal protective equipment, but cannot substantially burden the clergy member's religious exercise unless the institution demonstrates a compelling interest and applies the least restrictive burden.

• Provides civil immunity to health care institutions and their employees for communicable disease exposure claims related to clergy visitation unless proven by clear and convincing evidence of gross negligence or willful misconduct.

• Permits persons or religious organizations to bring civil actions for violations, with successful claimants eligible to recover declaratory relief, injunctive relief, reasonable attorney fees and costs.