Assembly Bill A11092

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11092
 
                           I N  A S S E M B L Y
 
                             October 28, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon,
   Salka) -- read once and referred to the Committee on Health
 
 AN  ACT  to  amend  the  public  health  law, in relation to providing a
   patient of a residential  health  care  facility  essential  caregiver
   visitation during the COVID-19 state disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2801-h to read as follows:
   §  2801-H.  ESSENTIAL  CAREGIVER  VISITATION  DURING  COVID-19. 1. THE
 FOLLOWING WORDS OR PHRASES, AS USED IN  THIS  SECTION,  SHALL  HAVE  THE
 FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A)  "RESIDENT"  SHALL MEAN A PATIENT RESIDING AT A RESIDENTIAL HEALTH
 CARE FACILITY.
   (B) "ESSENTIAL CAREGIVER" SHALL  MEAN  AN  INDIVIDUAL  OR  INDIVIDUALS
 DESIGNATED  BY  A RESIDENT AS THEIR PRIMARY CAREGIVER TO AID AND PROVIDE
 CARE FOR SUCH RESIDENT.
   (C) "PRIMARY CAREGIVER" SHALL MEAN AN INDIVIDUAL  OR  INDIVIDUALS  WHO
 REGULARLY VISITED, PRIOR TO COVID-19, A RESIDENT TO AID AND PROVIDE CARE
 TO SUCH RESIDENT.
   (D)  "REGULARLY  VISIT"  SHALL  MEAN  AN INDIVIDUAL OR INDIVIDUALS WHO
 VISITS A RESIDENT OF RESIDENTIAL HEALTH CARE FACILITY AT LEAST  TWICE  A
 WEEK.  IF  MORE THAN ONE INDIVIDUAL IS PROVIDING AID AND CARE TO A RESI-
 DENT, SUCH VISITATION DAYS MAY BE SPLIT AMONG THE INDIVIDUALS.
   (E) "THE NOVEL CORONAVIRUS PANDEMIC (COVID-19)"  SHALL  REFER  TO  THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 TWO ON MARCH SEVENTH, TWO THOUSAND TWENTY IN RESPONSE TO THE OUTBREAK OF
 THE NOVEL CORONAVIRUS.
   (F)  "PHASE ZERO" SHALL MEAN A RESIDENTIAL HEALTH CARE FACILITY WITH A
 CURRENTLY ACTIVE OUTBREAK OF THE NOVEL CORONAVIRUS.
   (G) "PHASE ONE" SHALL MEAN A  RESIDENTIAL  HEALTH  CARE  FACILITY  WHO
 NEVER  HAD  AN OUTBREAK OF THE NOVEL CORONAVIRUS OR WHO HAS CONCLUDED AN
 OUTBREAK OF THE NOVEL CORONAVIRUS AND FOURTEEN DAYS  HAVE  PASSED  SINCE
 THE  REGION SUCH FACILITY IS LOCATED HAS MOVED INTO PHASE ONE OF REOPEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17418-01-0

 A. 11092                            2
 
 ING PURSUANT TO THE NEW YORK FORWARD INITIATIVE AS A RESPONSE TO  COVID-
 19.
   (H)  "PHASE  TWO"  SHALL  MEAN  A RESIDENTIAL HEALTH CARE FACILITY WHO
 NEVER HAD AN OUTBREAK OF THE NOVEL CORONAVIRUS OR WHO HAS  CONCLUDED  AN
 OUTBREAK  OF  THE  NOVEL CORONAVIRUS AND FOURTEEN DAYS HAVE PASSED SINCE
 THE REGION SUCH FACILITY IS LOCATED HAS MOVED INTO PHASE TWO OF  REOPEN-
 ING  PURSUANT TO THE NEW YORK FORWARD INITIATIVE AS A RESPONSE TO COVID-
 19.
   (I) "PHASE THREE" SHALL MEAN A RESIDENTIAL HEALTH  CARE  FACILITY  WHO
 NEVER  HAD  AN OUTBREAK OF THE NOVEL CORONAVIRUS OR WHO HAS CONCLUDED AN
 OUTBREAK OF THE NOVEL CORONAVIRUS AND FOURTEEN DAYS  HAVE  PASSED  SINCE
 THE  REGION  SUCH  FACILITY  IS  LOCATED  HAS  MOVED INTO PHASE THREE OF
 REOPENING PURSUANT TO THE NEW YORK FORWARD INITIATIVE AS A  RESPONSE  TO
 COVID-19.
   2.  A  RESIDENT  MAY  RECEIVE  ESSENTIAL  CAREGIVER  VISITATION DURING
 COVID-19, UNLESS SUCH RESIDENT:
   (I) IS IN A FOURTEEN-DAY QUARANTINE PERIOD FOR  TESTING  POSITIVE  FOR
 THE  NOVEL  CORONAVIRUS AND HAS NOT YET MET THE CRITERIA FOR THE DISCON-
 TINUATION OF THE ISOLATION; OR
   (II) THE RESIDENT IS SYMPTOMATIC WITH SYMPTOMS RELATED  TO  THE  NOVEL
 CORONAVIRUS.
   3.  VISITATION  BY  AN  ESSENTIAL  CAREGIVER  DURING COVID-19 SHALL BE
 UTILIZED TO PROVIDE A RESIDENT WITH CARE IN THE SAME MANNER AS PRIOR  TO
 COVID-19.  SUCH  CARE  SHALL  INCLUDE, BUT NOT BE LIMITED TO ASSISTING A
 RESIDENT WITH FEEDING, HYGIENE, MOBILITY, DRESSING,  EMOTIONAL  SUPPORT,
 MEDICATION,  COMMUNICATING  WITH  THE  RESIDENTIAL  HEALTH CARE FACILITY
 STAFF REGARDING THE NEEDS OF  SUCH  RESIDENT,  REPORTING  ANY  SUSPECTED
 ABUSE  OR  NEGLECT  ON  BEHALF OF SUCH RESIDENT OR REQUESTING ADDITIONAL
 CARE OR A CHANGE IN THE CURRENT CARE PLAN IF NECESSARY.
   4. THE RESIDENTIAL HEALTH CARE FACILITY'S ADMINISTRATIVE  DIRECTOR  IN
 CONSULTATION  WITH  THE DIRECTOR OF NURSING, DIRECTOR OF SOCIAL SERVICES
 AND ANY OTHER NECESSARY  FACILITY  STAFF,  SHALL  DEVELOP  POLICIES  AND
 ESTABLISH PROCEDURES FOR HOW TO DESIGNATE AND UTILIZE ESSENTIAL CAREGIV-
 ERS DURING COVID-19.
   5. A RESIDENT SHALL CONSULT WITH THE NECESSARY RESIDENTIAL HEALTH CARE
 FACILITY STAFF TO DETERMINE AND DESIGNATE A PRIMARY CAREGIVER TO BE SUCH
 RESIDENT'S  ESSENTIAL  CAREGIVER.  SUCH  DETERMINATION  SHALL  TAKE INTO
 CONSIDERATION:
   (A) WHO THE RESIDENT DESIRES AS A PRIMARY CAREGIVER;
   (B) THE RESIDENT'S UNIQUE SITUATION; AND
   (C) THE PAST INVOLVEMENT OF THE POTENTIAL PRIMARY CAREGIVER WITH  SUCH
 RESIDENT.
   6.  THE  RESIDENTIAL HEALTH CARE FACILITY SHALL WORK WITH A DESIGNATED
 ESSENTIAL CAREGIVER TO ESTABLISH A SCHEDULE TO ACCOMMODATE THE ESSENTIAL
 CAREGIVER'S SCHEDULE AND MEET THE NEEDS OF THE RESIDENT.  SUCH  SCHEDULE
 SHALL  TAKE INTO CONSIDERATION THE NUMBER OF ESSENTIAL CAREGIVERS IN THE
 RESIDENTIAL HEALTH CARE FACILITY AT THE SAME TIME AND  WHICH  PHASE  THE
 RESIDENTIAL HEALTH CARE FACILITY HAS OBTAINED. A RESIDENTIAL HEALTH CARE
 FACILITY  IN  PHASE  ZERO SHALL ALLOW AN ESSENTIAL CAREGIVER TO SCHEDULE
 ONE VISIT PER WEEK NOT TO EXCEED A TOTAL OF TWO HOURS PER WEEK. A  RESI-
 DENTIAL  HEALTH  CARE  FACILITY IN PHASE ONE OR PHASE TWO SHALL ALLOW AN
 ESSENTIAL CAREGIVER TO SCHEDULE UP TO TWO VISITS PER WEEK NOT TO  EXCEED
 A  TOTAL  OF  FOUR HOURS PER WEEK. A RESIDENTIAL HEALTH CARE FACILITY IN
 PHASE THREE SHALL ALLOW SCHEDULING OF AN ESSENTIAL CAREGIVER UNDER  SUCH
 FACILITIES  REGULAR  PROCEDURES  FOR VISITATION. RESIDENTIAL HEALTH CARE

 A. 11092                            3
 
 FACILITY MAY ESTABLISH TIME LIMITS AS NEEDED TO KEEP RESIDENTS  OF  SUCH
 FACILITY SAFE.
   7.  RESIDENTIAL  HEALTH  CARE  FACILITIES  SHALL  CREATE AND IMPLEMENT
 PROCEDURES TO ENSURE ESSENTIAL CAREGIVING VISITS ARE CONDUCTED AS SAFELY
 AS POSSIBLE AND SHALL INCLUDE BUT NOT BE LIMITED  TO  INFECTION  CONTROL
 PRACTICES,  HAND  WASHING  PROCEDURES, AND UTILIZING PERSONAL PROTECTIVE
 EQUIPMENT.
   8. A RESIDENT SHALL HAVE THE RIGHT TO DESIGNATE A SECONDARY  CAREGIVER
 AND  AN  ALTERNATIVE  CAREGIVER.  THE  SECONDARY CAREGIVER SHALL PROVIDE
 ESSENTIAL CAREGIVING IN THE EVENT THE PRIMARY  CAREGIVER  IS  UNABLE  TO
 PROVIDE THEIR SERVICES TO SUCH RESIDENT. THE ALTERNATIVE CAREGIVER SHALL
 BE  ABLE  TO PROVIDE CARE TO A RESIDENT IF THE PRIMARY CAREGIVER AND THE
 SECONDARY CAREGIVER ARE UNABLE TO PROVIDE THEIR SERVICES TO  SUCH  RESI-
 DENT.  THE  PRIMARY  CAREGIVER  SHALL  PROVIDE NOTICE TO THE RESIDENTIAL
 HEALTH CARE FACILITY EITHER BY TELEPHONE OR IN WRITING,  WHEN  THEY  ARE
 UNABLE TO ATTEND A SCHEDULED VISIT WITH A RESIDENT AND WILL BE DESIGNAT-
 ING  EITHER  THE  SECONDARY  CAREGIVER  OR  THE ALTERNATIVE CAREGIVER TO
 PROVIDE CARE TO SUCH RESIDENT IN THEIR ABSENCE.
   § 2. This act shall take effect immediately.