S T A T E O F N E W Y O R K
________________________________________________________________________
6109
2021-2022 Regular Sessions
I N A S S E M B L Y
March 10, 2021
___________
Introduced by M. of A. M. MILLER -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to providing for
group home residents to designate an essential person who would be
permitted to be present at the group 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 371 of the social services law is amended by adding
a new subdivision 22 to read as follows:
22. "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 GROUP HOME THREE OR
MORE DAYS PER WEEK PROVIDING ASSISTANCE TO A RESIDENT OF SUCH GROUP
HOME. SUCH ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, HELP WITH
FEEDING, HYGIENE, MOBILITY, DRESSING, EMOTIONAL SUPPORT AND MEDICATION.
§ 2. The social services law is amended by adding a new section 371-c
to read as follows:
§ 371-C. RIGHTS OF GROUP HOME RESIDENTS. 1. EVERY GROUP HOME RESIDENT
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 LIMITED TO, COMMUNICATING WITH GROUP 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.
2. ANY INDIVIDUAL DESIGNATED AS AN ESSENTIAL PERSON PURSUANT TO THIS
SECTION SHALL BE PERMITTED UNRESTRICTED ACCESS AND VISITATION TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10343-01-1
A. 6109 2
RESIDENT AT THE GROUP HOME IN WHICH SUCH RESIDENT RESIDES IN ORDER TO
PROVIDE THE NECESSARY AID DESCRIBED PURSUANT TO THIS SECTION.
3. THROUGHOUT THE DURATION OF THE COVID-19 STATE DISASTER EMERGENCY
DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND
TWENTY, EACH GROUP 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 ESSENTIAL
PERSON SHOULD TEST POSITIVE FOR COVID-19, HE OR SHE SHALL BE DENIED
ACCESS TO THE GROUP 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 GROUP HOME SO LONG AS HE OR SHE HAS NO SYMPTOMS OF AND
PRODUCES A NEGATIVE TEST RESULT FOR COVID-19.
§ 3. This act shall take effect immediately, provided, however, that
subdivision 3 of section 371-c of the social services law as added by
section two of this act shall expire and be deemed repealed on the same
date the COVID-19 state disaster emergency declared pursuant to execu-
tive order 202 of 2020 has been lifted.