S T A T E O F N E W Y O R K
________________________________________________________________________
8572
2021-2022 Regular Sessions
I N A S S E M B L Y
December 13, 2021
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to personal caregiv-
ing visitors for general hospital patients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2801-h of the public health law, as amended by
chapter 108 of the laws of 2021, is amended to read as follows:
§ 2801-h. Personal caregiving visitors for nursing home residents AND
GENERAL HOSPITAL PATIENTS during public health emergencies. 1. As used
in this section, the following terms have the following meanings:
(a) "personal caregiving visitor" means a family member, close friend,
or legal guardian of a resident OR PATIENT designated by the resident OR
PATIENT or the [resident's] lawful representative OF SUCH RESIDENT OR
PATIENT to assist with personal caregiving or compassionate caregiving
for the resident OR PATIENT;
(b) "personal caregiving" means care and support of a resident OR
PATIENT by a personal caregiving visitor that is provided to benefit
[such resident's] THE mental, physical, or social well-being OF SUCH
RESIDENT OR PATIENT;
(c) "compassionate caregiving" means personal caregiving that is
provided in anticipation of the end of a resident's OR PATIENT'S life or
in the instance of significant mental, physical, or social decline or
crisis of a resident OR PATIENT;
(d) "resident" means a resident of a nursing home; in relation to a
personal caregiving visitor, "resident" means the resident to whom the
personal caregiving visitor has been designated to assist with personal
caregiving or compassionate caregiving; [and]
(e) "PATIENT" MEANS A PATIENT OF A GENERAL HOSPITAL; IN RELATION TO A
PERSONAL CAREGIVING VISITOR, "PATIENT" MEANS THE PATIENT TO WHOM THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13522-01-1
A. 8572 2
PERSONAL CAREGIVING VISITOR HAS BEEN DESIGNATED TO ASSIST WITH PERSONAL
CAREGIVING OR COMPASSIONATE CAREGIVING; AND
(F) "visit" includes assisting with personal caregiving or compassion-
ate caregiving for a resident OR PATIENT.
2. During a public health emergency declared under section twenty-four
or section twenty-eight of the executive law personal caregiving visi-
tors may visit residents of nursing homes OR PATIENTS OF GENERAL HOSPI-
TALS, in compliance with federal law and regulations and state regu-
lations made under this section. Nursing homes AND GENERAL HOSPITALS
shall admit any personal caregiving visitor who is in compliance with
applicable requirements under this section.
3. The commissioner shall make regulations under this section which
shall:
(a) require nursing homes AND GENERAL HOSPITALS to allow personal
caregiving visitors to visit residents OR PATIENTS subject to this
section;
(b) set forth procedures for the designation of personal caregiving
visitors by residents OR PATIENTS or [resident's] THE lawful represen-
tatives OF SUCH RESIDENTS OR PATIENTS, which: (i) shall include documen-
tation of each designated personal caregiving visitor in the facility
records; (ii) shall include procedures to ensure that the preferences of
the resident OR PATIENT regarding the designation of a personal caregiv-
ing visitor are respected; and (iii) may include, in appropriate circum-
stances, requiring a health or mental health professional licensed or
certified under the education law to state that the personal caregiving
will substantially benefit the [resident's] mental, physical, or social
well-being OF SUCH RESIDENT OR PATIENT. A nursing home OR GENERAL HOSPI-
TAL shall not require that the health professional be affiliated with
such nursing home OR GENERAL HOSPITAL;
(c) set forth procedures for changing a personal caregiving visitor
designation;
(d) provide that a resident OR PATIENT shall be entitled to designate
at least two personal caregiving visitors;
(e) provide that personal caregiving visitors shall be exempt from
prohibitions on visiting residents OR PATIENTS at nursing homes AND
GENERAL HOSPITALS, subject to the limitations and requirements of this
section;
(f) set forth the circumstances under which visiting by personal care-
giving visitors may be temporarily limited or suspended at a nursing
home OR GENERAL HOSPITAL to protect the health, safety and welfare of
residents AND PATIENTS, including, but not limited to, local infection
rates, temporary inadequate staff capacity, or an acute emergency situ-
ation;
(g) require, at a minimum, that all personal caregiving visitors
follow safety protocols which may include, but need not be limited to:
(i) testing for communicable diseases;
(ii) checking body temperature upon entry into the nursing home OR
GENERAL HOSPITAL;
(iii) health screenings upon entry into the nursing home OR GENERAL
HOSPITAL;
(iv) appropriate use of personal protective equipment;
(v) social distancing (except as necessary for personal caregiving by
the personal caregiving visitor for the resident OR PATIENT); and
(vi) any other requirement the department deems appropriate;
(h) set forth standards for frequency and duration of visits by
personal caregiving visitors at nursing homes OR GENERAL HOSPITALS;
A. 8572 3
(i) set forth standards for limiting the total number of personal
caregiving visitors for a resident OR PATIENT and/or limiting the total
number of personal caregiving visitors allowed to visit a nursing home
OR GENERAL HOSPITAL at any one time based on the circumstances of the
residents OR PATIENTS and the nursing home OR GENERAL HOSPITAL;
(j) require personal caregiving and compassionate caregiving to be
documented in the resident's OR PATIENT'S individualized comprehensive
plan of care; and
(k) make appropriate provisions for compassionate caregiving.
4. The department shall post the requirements consistent with regu-
lations, on its website, including any requirements as to time periods
and region.
5. This section does not require the medical assistance program to
cover personal caregiving or compassionate caregiving and such caregiv-
ing shall not be reimbursed under the medical assistance program.
6. This section does not relieve any nursing home, or nursing home
operator or administrator, of any obligation or responsibility imposed
by any other applicable law or regulation.
7. Nothing in this section shall be construed to limit access by any
visitor to a facility that would otherwise be permitted under federal or
state law or regulation.
§ 2. This act shall take effect on the forty-fifth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.