NY State Senate Bill 2019-S8984A

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 23, 2020	print number 8984a
Sep 23, 2020	amend and recommit to rules
Sep 18, 2020	referred to rules

Bill Amendments

Original

A (Active)

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

                                
 
BILL NUMBER: S8984               Revised 9/23/2020

SPONSOR: GALLIVAN
 
TITLE OF BILL:

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 test-
ing 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

 
PURPOSE:

This legislation provides residents of nursing homes the ability to
designate an essential person who will act as an advocate for such resi-
dent and further authorizes such person to be permitted unrestricted
access and visitation to the nursing home resident.

 
SUMMARY OF PROVISIONS:

Section one establishes the definition of an "essential person" for
purposes of visitation and advocacy of nursing home residents.

Section 2 sets forth right of nursing home residents to identify an
essential person and further establishes the role of such person.

Section 3 establishes additional criterion that nursing homes must
adhere to in relation to essential persons.

Section 4 establishes the effective date.

 
JUSTIFICATION:

The forced isolation resulting from the governor's ban on persons visit-
ing their loved ones in a nursing home had a detrimental impact on the
health and wellbeing of the residents and their loved ones.  This legis-
lation aims to provide nursing home residents the ability to deem
certain visitors essential, thereby restoring the compassionate care and
support as well as routine care often provided by these essential visi-
tors going forward.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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.

                                                            LBD17174-02-0

 S. 8984                             2
 
 THE RESIDENT AT THE NURSING HOME IN WHICH SUCH RESIDENT RESIDES IN ORDER
 TO PROVIDE THE NECESSARY AID DESCRIBED PURSUANT TO THIS SECTION.
   B.  THROUGHOUT  THE  DURATION OF THE COVID-19 STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED  TWO  OF  TWO  THOUSAND
 TWENTY,  EACH  NURSING  HOME  SHALL  REQUIRE  AND  PROVIDE FOR ESSENTIAL
 PERSONS TO BE TESTED FOR COVID-19 ON A WEEKLY BASIS, AND EACH  ESSENTIAL
 PERSON  SHALL BE REQUIRED TO WEAR ADEQUATE PERSONAL PROTECTIVE EQUIPMENT
 (PPE) AT ALL TIMES WHILE ON THE PREMISES OF SUCH FACILITY. IF AN  ESSEN-
 TIAL PERSON SHOULD TEST POSITIVE FOR COVID-19, HE OR SHE SHALL BE DENIED
 ACCESS  TO  THE  NURSING HOME FOR A PERIOD OF FOURTEEN DAYS AND SHALL BE
 REQUIRED TO SELF-QUARANTINE DURING SUCH PERIOD.  AT  THE  CONCLUSION  OF
 SUCH  FOURTEEN-DAY  PERIOD,  SUCH ESSENTIAL PERSON SHALL BE PERMITTED TO
 RETURN TO THE NURSING HOME SO LONG AS HE OR SHE HAS NO SYMPTOMS  OF  AND
 PRODUCES A NEGATIVE TEST RESULT FOR COVID-19.
   §  4.  This act shall take effect immediately, provided, however, that
 paragraph b of subdivision 6 of section 2803-c of the public health  law
 as  added  by  section  three  of  this  act  shall expire and be deemed
 repealed on the same date the COVID-19 state disaster emergency declared
 pursuant to executive order 202 of 2020 has been lifted.

co-Sponsors

View additional 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

2019-S8984A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8984A                   Revised 9/23/2020

SPONSOR: GALLIVAN
 
TITLE OF BILL:

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 test-
ing 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

 
PURPOSE:

This legislation provides residents of nursing homes the ability to
designate an essential person who will act as an advocate for such resi-
dent and further authorizes such person to be permitted unrestricted
access and visitation to the nursing home resident.

 
SUMMARY OF PROVISIONS:

Section one establishes the definition of an "essential person" for
purposes of visitation and advocacy of nursing home residents.

Section 2 sets forth right of nursing home residents to identify an
essential person and further establishes the role of such person.

Section 3 establishes additional criterion that nursing homes must
adhere to in relation to essential persons.

Section 4 establishes the effective date.

 
JUSTIFICATION:

The forced isolation resulting from the governor's ban on persons visit-
ing their loved ones in a nursing home had a detrimental impact on the
health and wellbeing of the residents and their loved ones.  This legis-
lation aims to provide nursing home residents the ability to deem
certain visitors essential, thereby restoring the compassionate care and
support as well as routine care often provided by these essential visi-
tors going forward.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

                       [ ] is old law to be omitted.
                                                            LBD17174-07-0

 S. 8984--A                          2
 
   6. A. ANY INDIVIDUAL DESIGNATED AS AN  ESSENTIAL  PERSON  PURSUANT  TO
 THIS  SECTION  SHALL  BE PERMITTED UNRESTRICTED ACCESS AND VISITATION TO
 THE RESIDENT AT THE NURSING HOME IN WHICH SUCH RESIDENT RESIDES IN ORDER
 TO PROVIDE THE NECESSARY AID DESCRIBED PURSUANT TO THIS SECTION.
   B.  THROUGHOUT  THE  DURATION OF THE COVID-19 STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED  TWO  OF  TWO  THOUSAND
 TWENTY,  EACH  NURSING HOME SHALL REQUIRE ESSENTIAL PERSONS TO BE TESTED
 FOR COVID-19 ON A WEEKLY BASIS, THE COST OF SUCH COVID-19 TESTING  SHALL
 BE  BORNE  BY  THE  STATE OF NEW YORK USING FUNDS ALLOCATED TO THE STATE
 PURSUANT TO THE FEDERAL CORONAVIRUS AID, RELIEF, AND  ECONOMIC  SECURITY
 (CARES)  ACT  OF  2020.  EACH ESSENTIAL PERSON SHALL BE REQUIRED TO WEAR
 ADEQUATE PERSONAL PROTECTIVE EQUIPMENT (PPE) AT ALL TIMES WHILE  ON  THE
 PREMISES  OF  SUCH FACILITY. IF AN ESSENTIAL PERSON SHOULD TEST POSITIVE
 FOR COVID-19, HE OR SHE SHALL BE DENIED ACCESS TO THE NURSING HOME FOR A
 PERIOD OF FOURTEEN DAYS AND SHALL BE REQUIRED TO SELF-QUARANTINE  DURING
 SUCH  PERIOD. AT THE CONCLUSION OF SUCH FOURTEEN-DAY PERIOD, SUCH ESSEN-
 TIAL PERSON SHALL BE PERMITTED TO RETURN TO THE NURSING HOME SO LONG  AS
 HE  OR  SHE  HAS  NO SYMPTOMS OF AND PRODUCES A NEGATIVE TEST RESULT FOR
 COVID-19.
   § 4. This act shall take effect immediately, provided,  however,  that
 paragraph  b of subdivision 6 of section 2803-c of the public health law
 as added by section three  of  this  act  shall  expire  and  be  deemed
 repealed on the same date the COVID-19 state disaster emergency declared
 pursuant to executive order 202 of 2020 has been lifted.

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Senate Bill S8984A

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Sponsored By

Patrick M. Gallivan