Assembly Bill A3113

2021-2022 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

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Archive: Last Bill Status - In Assembly 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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2021-A3113 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2801 & 2803-c, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A11101

2021-A3113 (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.

2021-A3113 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3113
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. KIM, M. MILLER, RA -- read once and referred to
   the Committee on Health
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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