Senate Bill S9200

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9200
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 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. Subdivision 1 of section 2803 of the public health  law  is
 amended by adding a new paragraph (g-1) to read as follows:
   (G-1) CONSISTENT WITH PARAGRAPH (G) OF THIS SUBDIVISION, THE STATEMENT
 OF THE RIGHTS AND RESPONSIBILITIES OF PATIENTS SHALL PROVIDE THAT DURING
 A  PUBLIC HEALTH EMERGENCY DECLARED UNDER SECTION TWENTY-FOUR OR SECTION
 TWENTY-EIGHT OF THE EXECUTIVE LAW PATIENTS HAVE A RIGHT TO  DESIGNATE  A
 FAMILY MEMBER, LAWFUL REPRESENTATIVE, OR NEXT FRIEND AS A PERSONAL CARE-
 GIVING  VISITOR WHO MAY VISIT THE PATIENT IN COMPLIANCE WITH FEDERAL LAW
 AND REGULATIONS AND STATE REGULATIONS MADE  UNDER  THIS  PARAGRAPH.  THE
 COMMISSIONER  SHALL  PROMULGATE  REGULATIONS  UNDER THIS PARAGRAPH WHICH
 SHALL:
   (I) REQUIRE GENERAL HOSPITALS TO ALLOW PERSONAL CAREGIVING VISITORS TO
 VISIT PATIENTS SUBJECT TO THIS PARAGRAPH;
   (II) SET FORTH PROCEDURES FOR THE DESIGNATION OF  PERSONAL  CAREGIVING
 VISITORS  BY  A  PATIENT OR SUCH PATIENT'S LAWFUL REPRESENTATIVE, WHICH:
 (A) SHALL INCLUDE DOCUMENTATION OF EACH DESIGNATED  PERSONAL  CAREGIVING
 VISITOR  IN THE FACILITY RECORDS; (B) SHALL INCLUDE PROCEDURES TO ENSURE
 THAT THE PREFERENCES OF THE  PATIENT  REGARDING  THE  DESIGNATION  OF  A
 PERSONAL  CAREGIVING  VISITOR  ARE  RESPECTED;  AND  (C) MAY INCLUDE, IN
 APPROPRIATE CIRCUMSTANCES, REQUIRING A HEALTH OR MENTAL  HEALTH  PROFES-
 SIONAL  LICENSED  OR CERTIFIED UNDER THE EDUCATION LAW TO STATE THAT THE
 PERSONAL CAREGIVING WILL SUBSTANTIALLY  BENEFIT  THE  PATIENT'S  MENTAL,
 PHYSICAL,  OR  SOCIAL  WELL-BEING.  A GENERAL HOSPITAL SHALL NOT REQUIRE
 THAT THE HEALTH PROFESSIONAL BE AFFILIATED WITH SUCH GENERAL HOSPITAL;
   (III) SET FORTH PROCEDURES FOR CHANGING A PERSONAL CAREGIVING  VISITOR
 DESIGNATION;
   (IV)  PROVIDE  THAT  A PATIENT SHALL BE ENTITLED TO DESIGNATE AT LEAST
 TWO PERSONAL CAREGIVING VISITORS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13522-03-2
 S. 9200                             2
 
   (V) PROVIDE THAT PERSONAL CAREGIVING VISITORS  SHALL  BE  EXEMPT  FROM
 PROHIBITIONS  ON  VISITING PATIENTS AT GENERAL HOSPITALS, SUBJECT TO THE
 LIMITATIONS AND REQUIREMENTS OF THIS SECTION;
   (VI)  SET  FORTH  THE  CIRCUMSTANCES  UNDER WHICH VISITING BY PERSONAL
 CAREGIVING VISITORS MAY BE TEMPORARILY LIMITED OR SUSPENDED AT A GENERAL
 HOSPITAL TO PROTECT THE HEALTH, SAFETY AND WELFARE OF PATIENTS,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, LOCAL INFECTION RATES, TEMPORARY INADEQUATE
 STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION;
   (VII) REQUIRE, AT A MINIMUM, THAT  ALL  PERSONAL  CAREGIVING  VISITORS
 FOLLOW SAFETY PROTOCOLS WHICH MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A) TESTING FOR COMMUNICABLE DISEASES;
   (B) CHECKING BODY TEMPERATURE UPON ENTRY INTO THE GENERAL HOSPITAL;
   (C) HEALTH SCREENINGS UPON ENTRY INTO THE GENERAL HOSPITAL;
   (D) APPROPRIATE USE OF PERSONAL PROTECTIVE EQUIPMENT;
   (E)  SOCIAL DISTANCING, EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING BY
 THE PERSONAL CAREGIVING VISITOR FOR THE PATIENT; AND
   (F) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE;
   (VIII) SET FORTH STANDARDS FOR FREQUENCY AND  DURATION  OF  VISITS  BY
 PERSONAL CAREGIVING VISITORS AT GENERAL HOSPITALS; AND
   (IX)  SET  FORTH  STANDARDS  FOR LIMITING THE TOTAL NUMBER OF PERSONAL
 CAREGIVING VISITORS FOR A PATIENT AND/OR LIMITING THE  TOTAL  NUMBER  OF
 PERSONAL  CAREGIVING VISITORS ALLOWED TO VISIT A GENERAL HOSPITAL AT ANY
 ONE TIME BASED ON THE CIRCUMSTANCES OF  THE  PATIENTS  AND  THE  GENERAL
 HOSPITAL.
   §  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.