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Senate Bill S2655

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

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2021-S2655 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2801 & 2803-c, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S8984

2021-S2655 (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-S2655 (ACTIVE) - Sponsor Memo

2021-S2655 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2655
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by  Sens.  GALLIVAN, BORRELLO, JORDAN, RITCHIE -- read twice
   and ordered printed, and when printed to be committed 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,
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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