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.