New North Carolina Rule: Clifford’s Law Visitation Effective Now

Legislation known as “Clifford’s Law,” which is applicable to Nursing Homes and other healthcare providers, established protocols that are triggered during a disaster declaration or emergency that results in the suspension or restriction of a facility’s normal visitation policy. 

If there is a declared emergency where normal visitation is curtailed, Clifford’s Law becomes the minimum requirement for visitation (subject to any contrary direction of CMS). 

Facilities should adhere to the 10 protocols listed in the guidance from the Department of Health and Human Services (link here).

Facilities should develop Policies and Procedures to ensure Clifford’s Law visitation in the event of a declared emergency/disaster. 

Some confusion has been caused by Protocol #4, which states in part, “Facilities will assure that the principles of infection prevention will be followed including requirements for masking and other personal protective equipment during visitation.” This protocol is not requiring Personal Protective Equipment other than a mask at this time for visitors.  Facilities should continue to follow the Centers for Disease Control (CDC) and Centers for Medicaid and Medicare Services (CMS) mask guidance for visitation.  If there is a declared emergency/disaster that curtails normal visitation, Clifford’s Law would then be the minimum requirement for visitation and Personal Protective Equipment to be used by visitors would be guided by the CDC and CMS at that time.

Clifford’s Law is in effect now and state surveyors can investigate and cite any state requirement. 

The Division of Health Service Regulation is developing its process for surveying this requirement and we will share more information on this when it is available.

Click here to view Clifford’s Law House Bill 351.