S T A T E O F N E W Y O R K
________________________________________________________________________
11075
I N A S S E M B L Y
October 7, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bronson,
Gottfried, Lupardo, McDonald) -- read once and referred to the Commit-
tee on Health
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
A. 11075 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;
A. 11075 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.