Senate Bill S8984A

2019-2020 Legislative Session

Relates to providing for nursing home residents to designate an essential person who would be permitted to be present and provide aid at a nursing home

download bill text pdf

Sponsored By

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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Bill Amendments

2019-S8984 - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §§2801 & 2803-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S2655

2019-S8984 - Summary

Relates to providing for nursing home residents to designate an essential person who would be permitted to be present and provide aid to a resident at a nursing home with unrestricted access; provides for regular testing of essential persons during COVID-19.

2019-S8984 - Sponsor Memo

2019-S8984 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8984
 
                             I N  S E N A T E
 
                            September 18, 2020
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  providing  for
   nursing  home  residents to designate an essential person who would be
   permitted to be present  at the nursing home with unrestricted  access
   and  provide  aid  to  such  resident; to provide for regular COVID-19
   testing for such essential persons for the duration  of  the  COVID-19
   state  disaster  emergency;  and  providing  for the repeal of certain
   provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2801 of the public health law is amended by adding
 a new subdivision 12 to read as follows:
   12. "ESSENTIAL PERSON" SHALL MEAN A FAMILY MEMBER, ATTORNEY IN FACT OR
 HEALTH CARE PROXY WHO, PRIOR TO AND AFTER THE  COVID-19  STATE  DISASTER
 EMERGENCY  DECLARED  PURSUANT  TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO
 THOUSAND TWENTY, WAS OR REGULARLY IS PRESENT AT A NURSING HOME THREE  OR
 MORE  DAYS  PER  WEEK PROVIDING ASSISTANCE TO A RESIDENT OF SUCH NURSING
 HOME. SUCH ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  HELP  WITH
 FEEDING, HYGIENE, MOBILITY, DRESSING, EMOTIONAL SUPPORT AND MEDICATION.
   §  2.  Subdivision  3  of  section  2803-c of the public health law is
 amended by adding a new paragraph r to read as follows:
   R. EVERY PATIENT SHALL HAVE THE RIGHT TO DESIGNATE ONE  INDIVIDUAL  AS
 AN  ESSENTIAL PERSON. SUCH ESSENTIAL PERSON SHALL ACT AS AN ADVOCATE FOR
 THE RESIDENT, WHOSE DUTIES INCLUDE, BUT ARE NOT BE LIMITED TO,  COMMUNI-
 CATING  WITH  NURSING  HOME  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.
   § 3. Section 2803-c of the public health law is amended  by  adding  a
 new subdivision 6 to read as follows:
   6.  A.  ANY  INDIVIDUAL  DESIGNATED AS AN ESSENTIAL PERSON PURSUANT TO
 THIS SECTION SHALL BE PERMITTED UNRESTRICTED ACCESS  AND  VISITATION  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S8984A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd §§2801 & 2803-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S2655

2019-S8984A (ACTIVE) - Summary

Relates to providing for nursing home residents to designate an essential person who would be permitted to be present and provide aid to a resident at a nursing home with unrestricted access; provides for regular testing of essential persons during COVID-19.

2019-S8984A (ACTIVE) - Sponsor Memo

2019-S8984A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8984--A
 
                             I N  S E N A T E
 
                            September 18, 2020
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  public health law, in relation to providing for
   nursing home residents to designate an essential person who  would  be
   permitted  to be present  at the nursing home with unrestricted access
   and provide aid to such resident;  to  provide  for  regular  COVID-19
   testing  for  such  essential persons for the duration of the COVID-19
   state disaster emergency; and providing  for  the  repeal  of  certain
   provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2801 of the public health law is amended by  adding
 a new subdivision 12 to read as follows:
   12.  "ESSENTIAL  PERSON" SHALL MEAN A FAMILY MEMBER, ATTORNEY IN FACT,
 COURT EVALUATOR, GUARDIAN, PERSONAL REPRESENTATIVE, OR HEALTH CARE PROXY
 WHO, PRIOR TO AND AFTER THE COVID-19 STATE DISASTER  EMERGENCY  DECLARED
 PURSUANT  TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, WAS
 OR REGULARLY IS PRESENT AT A NURSING  HOME  PROVIDING  ASSISTANCE  TO  A
 RESIDENT OF SUCH NURSING HOME. SUCH ASSISTANCE SHALL INCLUDE, BUT NOT BE
 LIMITED  TO,  HELP  WITH FEEDING, HYGIENE, MOBILITY, DRESSING, EMOTIONAL
 SUPPORT AND MEDICATION.
   § 2. Subdivision 3 of section 2803-c  of  the  public  health  law  is
 amended by adding a new paragraph r to read as follows:
   R.  EVERY  PATIENT SHALL HAVE THE RIGHT TO DESIGNATE ONE INDIVIDUAL AS
 AN ESSENTIAL PERSON. SUCH ESSENTIAL PERSON SHALL ACT AS AN ADVOCATE  FOR
 THE  RESIDENT, WHOSE DUTIES INCLUDE, BUT ARE NOT BE LIMITED TO, COMMUNI-
 CATING WITH NURSING HOME 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.
   §  3.  Section  2803-c of the public health law is amended by adding a
 new subdivision 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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