S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8572
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to personal  caregiv-
   ing visitors for general hospital patients
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2801-h of the public  health  law,  as  amended  by
 chapter 108 of the laws of 2021, is amended to read as follows:
   §  2801-h. Personal caregiving visitors for nursing home residents AND
 GENERAL HOSPITAL PATIENTS during public health emergencies. 1.  As  used
 in this section, the following terms have the following meanings:
   (a) "personal caregiving visitor" means a family member, close friend,
 or legal guardian of a resident OR PATIENT designated by the resident OR
 PATIENT  or  the  [resident's] lawful representative OF SUCH RESIDENT OR
 PATIENT to assist with personal caregiving or  compassionate  caregiving
 for the resident OR PATIENT;
   (b)  "personal  caregiving"  means  care  and support of a resident OR
 PATIENT by a personal caregiving visitor that  is  provided  to  benefit
 [such  resident's]  THE  mental,  physical, or social well-being OF SUCH
 RESIDENT OR PATIENT;
   (c) "compassionate  caregiving"  means  personal  caregiving  that  is
 provided in anticipation of the end of a resident's OR PATIENT'S life or
 in  the  instance  of significant mental, physical, or social decline or
 crisis of a resident OR PATIENT;
   (d) "resident" means a resident of a nursing home; in  relation  to  a
 personal  caregiving  visitor, "resident" means the resident to whom the
 personal caregiving visitor has been designated to assist with  personal
 caregiving or compassionate caregiving; [and]
   (e)  "PATIENT" MEANS A PATIENT OF A GENERAL HOSPITAL; IN RELATION TO A
 PERSONAL CAREGIVING VISITOR, "PATIENT" MEANS THE  PATIENT  TO  WHOM  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13522-01-1
 A. 8572                             2
              

 
 PERSONAL  CAREGIVING VISITOR HAS BEEN DESIGNATED TO ASSIST WITH PERSONAL
 CAREGIVING OR COMPASSIONATE CAREGIVING; AND
   (F) "visit" includes assisting with personal caregiving or compassion-
 ate caregiving for a resident OR PATIENT.
   2. During a public health emergency declared under section twenty-four
 or  section  twenty-eight of the executive law personal caregiving visi-
 tors may visit residents of nursing homes OR PATIENTS OF GENERAL  HOSPI-
 TALS,  in  compliance  with  federal law and regulations and state regu-
 lations made under this section. Nursing  homes  AND  GENERAL  HOSPITALS
 shall  admit  any  personal caregiving visitor who is in compliance with
 applicable requirements under this section.
   3. The commissioner shall make regulations under  this  section  which
 shall:
   (a)  require  nursing  homes  AND  GENERAL HOSPITALS to allow personal
 caregiving visitors to visit  residents  OR  PATIENTS  subject  to  this
 section;
   (b)  set  forth  procedures for the designation of personal caregiving
 visitors by residents OR PATIENTS or [resident's] THE  lawful  represen-
 tatives OF SUCH RESIDENTS OR PATIENTS, which: (i) shall include documen-
 tation  of  each  designated personal caregiving visitor in the facility
 records; (ii) shall include procedures to ensure that the preferences of
 the resident OR PATIENT regarding the designation of a personal caregiv-
 ing visitor are respected; and (iii) may include, in appropriate circum-
 stances, requiring a health or mental health  professional  licensed  or
 certified  under the education law to state that the personal caregiving
 will substantially benefit the [resident's] mental, physical, or  social
 well-being OF SUCH RESIDENT OR PATIENT. A nursing home OR GENERAL HOSPI-
 TAL  shall  not  require that the health professional be affiliated with
 such nursing home OR GENERAL HOSPITAL;
   (c) set forth procedures for changing a  personal  caregiving  visitor
 designation;
   (d)  provide that a resident OR PATIENT shall be entitled to designate
 at least two personal caregiving visitors;
   (e) provide that personal caregiving visitors  shall  be  exempt  from
 prohibitions  on  visiting  residents  OR  PATIENTS at nursing homes AND
 GENERAL HOSPITALS, subject to the limitations and requirements  of  this
 section;
   (f) set forth the circumstances under which visiting by personal care-
 giving  visitors  may  be  temporarily limited or suspended at a nursing
 home OR GENERAL HOSPITAL to protect the health, safety  and  welfare  of
 residents  AND  PATIENTS, including, but not limited to, local infection
 rates, temporary inadequate staff capacity, or an acute emergency  situ-
 ation;
   (g)  require,  at  a  minimum,  that  all personal caregiving visitors
 follow safety protocols which may include, but need not be limited to:
   (i) testing for communicable diseases;
   (ii) checking body temperature upon entry into  the  nursing  home  OR
 GENERAL HOSPITAL;
   (iii)  health  screenings  upon entry into the nursing home OR GENERAL
 HOSPITAL;
   (iv) appropriate use of personal protective equipment;
   (v) social distancing (except as necessary for personal caregiving  by
 the personal caregiving visitor for the resident OR PATIENT); and
   (vi) any other requirement the department deems appropriate;
   (h)  set  forth  standards  for  frequency  and  duration of visits by
 personal caregiving visitors at nursing homes OR GENERAL HOSPITALS;
 A. 8572                             3
 
   (i) set forth standards for limiting  the  total  number  of  personal
 caregiving  visitors for a resident OR PATIENT and/or limiting the total
 number of personal caregiving visitors allowed to visit a  nursing  home
 OR  GENERAL  HOSPITAL  at any one time based on the circumstances of the
 residents OR PATIENTS and the nursing home OR GENERAL HOSPITAL;
   (j)  require  personal  caregiving  and compassionate caregiving to be
 documented in the resident's OR PATIENT'S  individualized  comprehensive
 plan of care; and
   (k) make appropriate provisions for compassionate caregiving.
   4.  The  department  shall post the requirements consistent with regu-
 lations, on its website, including any requirements as to  time  periods
 and region.
   5.  This  section  does  not require the medical assistance program to
 cover personal caregiving or compassionate caregiving and such  caregiv-
 ing shall not be reimbursed under the medical assistance program.
   6.  This  section  does  not relieve any nursing home, or nursing home
 operator or administrator, of any obligation or  responsibility  imposed
 by any other applicable law or regulation.
   7.  Nothing  in this section shall be construed to limit access by any
 visitor to a facility that would otherwise be permitted under federal or
 state law or regulation.
   § 2. This act shall take effect on the forty-fifth day after it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.