New York A 4312: Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities

Bill Text

STATE OF NEW YORK
________________________________________________________________________
4312
2021-2022 Regular Sessions
IN ASSEMBLY
February 1, 2021
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the social services law, in
relation to personal and compassionate caregiving visitors for resi-
dents of nursing homes
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2801-h to read as follows:
3 § 2801-h. Personal caregiving and compassionate caregiving visitors to
4 nursing home residents during declared local or state health emergen-
5 cies. 1. As used in this section, the following terms have the follow-
6 ing meanings:
7 (a) "personal caregiving visitor" means a family member, close friend,
8 or legal guardian of a resident designated by such resident or such
9 resident's lawful representative to provide personal caregiving for such
10 resident, including a compassionate caregiving visitor;
11 (b) "personal caregiving" means care and support of a resident by a
12 personal caregiving visitor that is provided to benefit such resident's
13 mental, physical, or social well-being;
14 (c) "compassionate caregiving visitor" means a personal caregiving
15 visitor providing compassionate caregiving to a resident;
16 (d) "compassionate caregiving" means personal caregiving that is
17 provided in anticipation of the end of a resident's life or in the
18 instance of significant mental or social decline or crisis of a resi-
19 dent;
20 (e) "resident" means a resident of a nursing home; in relation to a
21 personal caregiving visitor, "resident" means the resident to whom the
22 personal caregiving visitor has been designated to provide personal
23 caregiving; and
24 (f) "visit" includes providing personal caregiving to a resident.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD04858-03-1

A. 4312 2
1 2. Personal caregiving visitors may visit residents of nursing homes,
2 subject to this section. The commissioner shall make regulations under
3 this section which shall:
4 (a) require nursing homes to allow personal caregiving visitors to
5 visit residents subject to this section;
6 (b) set forth procedures for the designation of personal caregiving
7 visitors by residents or resident's lawful representatives, which may
8 include in appropriate circumstances requiring a physical or mental
9 health professional to state that the personal caregiving will substan-
10 tially benefit the resident's mental, physical, or social well-being; an
11 nursing home shall not require that the health professional is affil-
12 iated with such nursing home;
13 (c) set forth procedures for changing a personal caregiving visitor
14 designation;
15 (d) provide that a resident shall not be entitled to designate more
16 than two personal caregiving visitors;
17 (e) provide that personal caregiving visitors shall be exempt from
18 prohibitions on visiting residents at nursing homes, subject to the
19 limitations and requirements set forth by this subdivision;
20 (f) set forth the circumstances under which visiting by personal care-
21 giving visitors may be temporarily limited or suspended at a nursing
22 home, including, but not limited to, local infection rates, temporary
23 inadequate staff capacity, or an acute emergency situation;
24 (g) require, at a minimum, that all personal caregiving visitors
25 follow safety protocols required for nursing home staff, including, but
26 not limited to:
27 (i) testing for communicable diseases;
28 (ii) checking body temperature;
29 (iii) health screenings;
30 (iv) appropriate use of personal protection equipment;
31 (v) social distancing (except as necessary for personal caregiving by
32 the personal caregiving visitor for the resident); and
33 (vi) any other requirement the department deems appropriate;
34 (h) set forth standards for frequency and duration of visits by
35 personal caregiving visitors at nursing homes;
36 (i) set forth standards for limiting the total number of personal
37 caregiving visitors allowed to visit a nursing home at any one time;
38 and
39 (j) make appropriate provisions for compassionate caregiving and
40 compassionate caregiving visitors.
41 § 2. The social services law is amended by adding a new section 461-u
42 to read as follows:
43 § 461-u. Personal caregiving and compassionate caregiving visitors for
44 residents of adult care facilities during declared local or state health
45 emergencies. 1. As used in this section, the following terms have the
46 following meanings:
47 (a) "personal caregiving visitor" means a family member, close friend,
48 or legal guardian of a resident designated by such resident or such
49 resident's lawful representative to provide personal caregiving for such
50 resident, includ