New York S 255: Relates to access to nursing home residents by essential caregivers

Bill Text

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S00255 Summary:

BILL NOS00255 

&nbsp

SAME ASSAME AS A03727

&nbsp

SPONSORGALLIVAN

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §2832, Pub Health L

&nbsp

Relates to access to nursing home residents by essential caregivers; establishes safety protocols and appeals processes.

Go to top S00255 Actions:

BILL NOS00255 

&nbsp

01/08/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS00255 Committee&nbspVotes:

Go to topS00255 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00255 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 255

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to requiring nursing
 homes to permit essential caregivers access during any period in which
 regular visitation is restricted

 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 2832 to read as follows:
 3 § 2832. Essential caregivers act. 1. Within ninety days of the effec-
 4 tive date of this section, every nursing home shall provide access to
 5 essential caregivers during periods when visitation is otherwise
 6 restricted by order of a federal, state, or local authority or by other
 7 operation of law.
 8 2. For the purposes of this subdivision, the term "essential caregiv-
 9 er" shall mean, with respect to a resident of a nursing home, an indi-
 10 vidual who:
 11 (a) is designated by or on behalf of the resident pursuant to subdivi-
 12 sions three or four of this section; and
 13 (b) will provide assistance to such resident, which may include
 14 assistance with activities of daily living or providing emotional
 15 support or companionship to such resident.
 16 3. Every nursing home shall allow each resident of such facility to:
 17 (a) designate and have access to essential caregivers for such resi-
 18 dent at all times, including during any period in which regular visita-
 19 tion is restricted by order of a federal, state, or local authority or
 20 by other operation of law; and
 21 (b) amend such designation at any time.
 22 4. Where a resident is unable, by reason of physical or mental disa-
 23 bility, to make an election described in subdivision two of this
 24 section, the resident representative for such resident shall be permit-
 25 ted to make such designation for such resident.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01065-01-5

 S. 255 2

 1 5. During a period in which regular visitation is restricted by order
 2 of a federal, state, or local authority or by other operation of law, a
 3 nursing home shall:
 4 (a) not deny in-person access to a resident by an essential caregiver
 5 except as provided in this section;
 6 (b) allow at least one essential caregiver to have access to and
 7 provide assistance to such resident at such facility every day and at
 8 any time; and
 9 (c) enforce all safety protocols with respect to essential caregivers.
 10 6. (a) No essential caregiver who complies with all safety protocols
 11 and other safety rules with respect to essential caregivers shall be
 12 denied access to the nursing home of the resident involved.
 13 (b) An essential caregiver shall agree to comply with all safety
 14 protocols and other rules established by such facility, which shall be
 15 clearly specified in writing and may be more restrictive than the safety
 16 protocols (including safety standards and entry requirement) applicable
 17 to staff of such facility.
 18 (c) If an essential caregiver fails to comply with any safety proto-
 19 cols of a facility, such facility must first provide a warning to the
 20 essential caregiver and the resident, in writing, citing specific issues
 21 of non-compliance and providing clear guidance for corrective measures.
 22 (d) If an essential caregiver or resident, after receiving a notifica-
 23 tion of non-compliance described in paragraph (c) of this subdivision,
 24 fails to take corrective action, th