Senate Bill S8958

2019-2020 Legislative Session

Provides for the authorization and regulation of visitation of personal care visitors and compassionate care visitors at nursing homes and residential health care facilities

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 02, 2020	referred to rules

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2019-S8958 (ACTIVE) - Details

See Assembly Version of this Bill:: A11075
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §§2801-h & 2801-i, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S614

2019-S8958 (ACTIVE) - Summary

Authorizes and directs the department of health to develop rules, regulations and guidelines authorizing and regulating the visitation of personal care visitors and short-term compassionate care visitors at nursing homes and residential health care facilities.

2019-S8958 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8958

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to personal care
visitors for residents of nursing homes and residential health care
facilities

 
PURPOSE:

This bill authorizes the Department of Health to develop regulations to
allow personal care visitation, for the provision of routine care and
support, and for compassionate care, for the provision of short-term
emergency care and support, by family members and legal guardians of
residents of nursing homes and other residential health care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 2801-h to the public health law. This
section requires the department of health to develop rules, regulations,

and guidelines to allow personal care visitors at nursing homes and
residential health care facilities. Defines personal care as care and
support provided to such resident by a family member or legal guardian
to a resident that is important to the mental, physical, or social well-
being for such resident and is determined as necessary by a medical or
mental health professional.  These guidelines will include that facili-
ties are required to allow such visitation, procedures for designating a
visitor with support from a medical or mental health professional, set
forth procedures on changing such designation, require waiving liabil-
ity, limits such designation to only one caregiver per resident, exempts
such visitors from general prohibitions on visitation, set forth the
circumstances under which such visitation may be suspended or limited,
establish safety protocols for such visitors, sets forth frequency and
duration of visitation, and sets forth the total number of such visitors
allowed in a facility at any one time.

Section 2: Section 2: adds a new section 2801-i to the public health
law. This section requires the department of health to develop rules,
regulations, and guidelines to allow compassionate care visitors at
nursing homes and residential health care facilities. Defines compas-
sionate care as short-term care and support provided by a family member
or legal guardian to a resident that is important for such resident's
well-being during critical situations such as end-of-life or in the
instance of significant mental or social decline. Establishes that, at
minimum, regulation for compassionate care visitation will require visi-
tors to follow safety protocols similar to those of staff or personal
care visitors and that all compassionate care visitors shall be
restricted to one room for purposes of visitation.

 
JUSTIFICATION:

In an effort to curb outbreaks of the coronavirus among nursing home
residents, New York State issued a ban on outside visitation by nones-
sential visitors in March 2020. While the ban addressed a real need to
limit spread of the virus, it has become apparent that isolation from
loved ones presents significant risks of its own to the physical and
mental wellbeing of nursing home residents. In many cases, family
members prior to the ban regularly provided care for their loved one,
assisting with feeding, bathing, dressing, communication and other
essential activities of daily living. These family members-some of them
on a daily basis for years-functioned as de facto "staff," augmenting
the care and support provided by regular staff. We know that nursing
home aides are too often stretched thin under the best of circumstances;
during the pandemic, their numbers and capacity have been even lower,
exacerbating the challenge of adequately meeting residents' needs.
Personal care visitation would allow for such care to resume, with the
designated caregiver following the same protocols as staff.

In addition, this bill would expand on the definition, as conceived by
CMS, of "compassionate care visitation," so that facilities allow for
visitation not just at end-of-life situations but also in response to a
marked decline in a resident's physical, mental or emotional wellbeing.
This decline might be indicated by such conditions as depression,
increased confusion or cognitive decline, weight loss or various other
changes that signify a negative turn in physical or psychosocial health.
Such changes are increasingly showing up as side effects of policies
that isolate residents from their loved ones for extended periods of
time and, in the most serious cases, pose their own risk of morbidity.

It is a sad fact that enforced isolation from loved ones has created a
whole new set of risks to nursing home residents-in many cases acceler-
ating mental and physical decline. Allowing exemptions for personal care
visitors and enhanced compassionate care visitation would be a reason-
able, pragmatic step toward re-establishing those critical informal
channels of care that are so crucial to the wellbeing of nursing home
residents.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
120 days after becoming law.

2019-S8958 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8958
 
                             I N  S E N A T E
 
                             September 2, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law,  in  relation  to  personal  care
   visitors  for  residents  of nursing homes and residential health care
   facilities
 
   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. PERSONAL CARE VISITORS FOR RESIDENTS OF  NURSING  HOMES  AND
 RESIDENTIAL  HEALTH  CARE  FACILITIES.  1.  AS USED IN THIS SECTION, THE
 TERM:
   (A) "RESIDENT" MEANS A PERSON WHO IS A RESIDENT OF A NURSING  HOME  OR
 RESIDENTIAL HEALTH CARE FACILITY;
   (B) "PERSONAL CARE VISITOR" MEANS A FAMILY MEMBER OR LEGAL GUARDIAN OF
 A  RESIDENT  DESIGNATED  BY  THE RESIDENT OR LEGAL REPRESENTATIVE OF THE
 RESIDENT TO PROVIDE PERSONAL CARE FOR SUCH RESIDENT;
   (C) "PERSONAL CARE" MEANS CARE AND SUPPORT PROVIDED BY A FAMILY MEMBER
 OR LEGAL GUARDIAN THAT IS IMPORTANT TO THE MENTAL, PHYSICAL,  OR  SOCIAL
 WELL-BEING FOR SUCH RESIDENT;
   (D)  "NURSING HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
   (E) "RESIDENTIAL HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING  AS
 SET  FORTH  IN  SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF
 THIS ARTICLE; AND
   (F) "LEGAL  REPRESENTATIVE"  MEANS  A  LEGAL  GUARDIAN  OR  A  LEGALLY
 APPOINTED  SUBSTITUTE  DECISION-MAKER WHO IS AUTHORIZED TO ACT ON BEHALF
 OF A RESIDENT.
   2. THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO DEVELOP  RULES,  REGU-
 LATIONS  AND  GUIDELINES  AUTHORIZING  AND  REGULATING THE VISITATION OF
 PERSONAL CARE VISITORS AT NURSING  HOMES  AND  RESIDENTIAL  HEALTH  CARE
 FACILITIES.  SUCH RULES, REGULATIONS AND GUIDELINES SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17196-06-0

 S. 8958                             2
 
   (A)  REQUIRE  NURSING  HOMES AND RESIDENTIAL HEALTH CARE FACILITIES TO
 ALLOW VISITATION BY PERSONAL CARE VISITORS SUBJECT TO THE PROVISIONS  OF
 THIS SECTION;
   (B) SET FORTH PROCEDURES FOR THE DESIGNATION OF PERSONAL CARE VISITORS
 BY  RESIDENTS AND LEGAL REPRESENTATIVES INCLUDING REQUIRING A MEDICAL OR
 MENTAL HEALTH PROFESSIONAL TO MAKE A DETERMINATION  THAT  SUCH  PERSONAL
 CARE  VISITOR  IS NECESSARY. SUCH DETERMINATION MAY BE MADE BY A MEDICAL
 OR MENTAL HEALTH PROFESSIONAL NOT AFFILIATED  WITH  A  NURSING  HOME  OR
 RESIDENTIAL HEALTH CARE FACILITY;
   (C)  SET  FORTH PROCEDURES FOR CHANGING A PERSONAL CARE VISITOR DESIG-
 NATION;
   (D) REQUIRE THAT PERSONAL CARE  VISITORS  WAIVE  LIABILITY  AGAINST  A
 NURSING  HOME OR RESIDENTIAL HEALTH CARE FACILITY FOR EXPOSURE TO COVID-
 19;
   (E) PROVIDE THAT A RESIDENT MAY DESIGNATE NO MORE  THAN  ONE  PERSONAL
 CARE VISITOR;
   (F)  PROVIDE  THAT  PERSONAL  CARE  VISITORS  SHALL BE EXEMPT FROM ANY
 PROHIBITIONS ON VISITATION AT A NURSING HOME OR RESIDENTIAL HEALTH  CARE
 FACILITY,  SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH IN THIS
 SUBDIVISION;
   (G) SET FORTH THE CIRCUMSTANCES UNDER  WHICH  VISITATION  BY  PERSONAL
 CARE  VISITORS  AT  NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES
 MAY BE LIMITED, SUSPENDED OR TERMINATED INCLUDING, BUT NOT  LIMITED  TO,
 LOCAL INFECTION RATES AND HEALTH CARE CAPACITY;
   (H)  REQUIRE,  AT  A  MINIMUM,  THAT ALL PERSONAL CARE VISITORS FOLLOW
 SAFETY PROTOCOLS REQUIRED FOR NURSING HOMES AND RESIDENTIAL HEALTH  CARE
 FACILITIES' STAFF, INCLUDING, BUT NOT LIMITED TO:
   (I) TESTING FOR COMMUNICABLE DISEASES;
   (II) CHECKING BODY TEMPERATURE;
   (III) HEALTH SCREENINGS;
   (IV) THE APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT;
   (V) SOCIAL DISTANCING; AND
   (VI) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE;
   (I)  SET  FORTH  FREQUENCY  OF  VISITATION  AND  DURATION OF VISITS BY
 PERSONAL CARE VISITORS AT NURSING  HOMES  AND  RESIDENTIAL  HEALTH  CARE
 FACILITIES; AND
   (J)  SET  FORTH  THE TOTAL NUMBER OF PERSONAL CARE VISITORS ALLOWED TO
 VISIT A NURSING HOME OR RESIDENTIAL HEALTH  CARE  FACILITY  AT  ANY  ONE
 TIME.
   §  2.  The public health law is amended by adding a new section 2801-i
 to read as follows:
   § 2801-I. COMPASSIONATE CARE VISITATION FOR RESIDENTS OF NURSING HOMES
 AND RESIDENTIAL HEALTH CARE FACILITIES. 1. AS USED IN THIS SECTION,  THE
 TERM:
   (A)  "RESIDENT"  MEANS A PERSON WHO IS A RESIDENT OF A NURSING HOME OR
 RESIDENTIAL HEALTH CARE FACILITY;
   (B) "COMPASSIONATE CARE VISITOR" MEANS A FAMILY MEMBER OR LEGAL GUARD-
 IAN OF A RESIDENT DESIGNATED BY THE RESIDENT OR LEGAL REPRESENTATIVE  OF
 THE RESIDENT TO PROVIDE COMPASSIONATE CARE FOR SUCH RESIDENT;
   (C) "COMPASSIONATE CARE" MEANS SHORT-TERM CARE AND SUPPORT PROVIDED BY
 A FAMILY MEMBER OR LEGAL GUARDIAN THAT IS IMPORTANT TO THE MENTAL, PHYS-
 ICAL,  OR SOCIAL WELL-BEING FOR SUCH RESIDENT DURING CRITICAL SITUATIONS
 SUCH AS, BUT NOT LIMITED TO, AT THE END OF SUCH RESIDENT'S  LIFE  OR  IN
 THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OF SUCH RESIDENT;
   (D)  "NURSING HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;

 S. 8958                             3
 
   (E) "RESIDENTIAL HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING  AS
 SET  FORTH  IN  SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF
 THIS ARTICLE; AND
   (F)  "LEGAL  REPRESENTATIVE"  MEANS  A  LEGAL  GUARDIAN  OR  A LEGALLY
 APPOINTED SUBSTITUTE DECISION-MAKER WHO IS AUTHORIZED TO ACT  ON  BEHALF
 OF A RESIDENT.
   2.  THE  DEPARTMENT IS AUTHORIZED AND DIRECTED TO DEVELOP RULES, REGU-
 LATIONS, AND GUIDELINES AUTHORIZING AND REGULATING THE SHORT-TERM  VISI-
 TATION  OF  COMPASSIONATE CARE VISITORS AT NURSING HOMES AND RESIDENTIAL
 HEALTH CARE FACILITIES DURING, BUT NOT LIMITED TO, THE END  OF  A  RESI-
 DENT'S  LIFE, IN THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OF
 SUCH RESIDENT OR WHEN EXIGENT CIRCUMSTANCES EXIST REGARDING  SUCH  RESI-
 DENT.  SUCH  RULES, REGULATIONS AND GUIDELINES SHALL REQUIRE, AT A MINI-
 MUM, THAT  ALL  COMPASSIONATE  CARE  VISITORS  FOLLOW  SAFETY  PROTOCOLS
 REQUIRED  FOR  NURSING  HOMES  AND  RESIDENTIAL  HEALTH CARE FACILITIES'
 STAFF, INCLUDING, BUT NOT LIMITED TO:
   (A) TESTING FOR COMMUNICABLE DISEASES;
   (B) CHECKING BODY TEMPERATURE;
   (C) HEALTH SCREENINGS;
   (D) THE APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT;
   (E) SOCIAL DISTANCING; AND
   (F) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE.
   3. ALL COMPASSIONATE CARE VISITORS SHALL BE RESTRICTED TO ONE ROOM  TO
 PROVIDE SUCH COMPASSIONATE CARE TO A RESIDENT.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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Senate Bill S8958

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2019-S8958 (ACTIVE) - Details

2019-S8958 (ACTIVE) - Summary

2019-S8958 (ACTIVE) - Sponsor Memo

2019-S8958 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

2019-S8958 (ACTIVE) - Details

2019-S8958 (ACTIVE) - Summary

2019-S8958 (ACTIVE) - Sponsor Memo

2019-S8958 (ACTIVE) - Bill Text download pdf

Comments