Senate Bill S614A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    614
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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  care
   visitors  for  residents  of nursing homes and residential health care
   facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2801-h to read as follows:
   § 2801-H. PERSONAL CARE VISITORS FOR RESIDENTS OF  NURSING  HOMES  AND
 RESIDENTIAL  HEALTH  CARE  FACILITIES.  1.  AS USED IN THIS SECTION, THE
 TERM:
   (A) "RESIDENT" MEANS A PERSON WHO IS A RESIDENT OF A NURSING  HOME  OR
 RESIDENTIAL HEALTH CARE FACILITY;
   (B) "PERSONAL CARE VISITOR" MEANS A FAMILY MEMBER OR LEGAL GUARDIAN OF
 A  RESIDENT  DESIGNATED  BY  THE RESIDENT OR LEGAL REPRESENTATIVE OF THE
 RESIDENT TO PROVIDE PERSONAL CARE FOR SUCH RESIDENT;
   (C) "PERSONAL CARE" MEANS CARE AND SUPPORT PROVIDED BY A FAMILY MEMBER
 OR LEGAL GUARDIAN THAT IS IMPORTANT TO THE MENTAL, PHYSICAL,  OR  SOCIAL
 WELL-BEING FOR SUCH RESIDENT;
   (D)  "NURSING HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
   (E) "RESIDENTIAL HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING  AS
 SET  FORTH  IN  SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF
 THIS ARTICLE; AND
   (F) "LEGAL  REPRESENTATIVE"  MEANS  A  LEGAL  GUARDIAN  OR  A  LEGALLY
 APPOINTED  SUBSTITUTE  DECISION-MAKER WHO IS AUTHORIZED TO ACT ON BEHALF
 OF A RESIDENT.
   2. THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO DEVELOP  RULES,  REGU-
 LATIONS  AND  GUIDELINES  AUTHORIZING  AND  REGULATING THE VISITATION OF

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04858-01-1

 S. 614                              2
 
 PERSONAL CARE VISITORS AT NURSING  HOMES  AND  RESIDENTIAL  HEALTH  CARE
 FACILITIES.  SUCH RULES, REGULATIONS AND GUIDELINES SHALL:
   (A)  REQUIRE  NURSING  HOMES AND RESIDENTIAL HEALTH CARE FACILITIES TO
 ALLOW VISITATION BY PERSONAL CARE VISITORS SUBJECT TO THE PROVISIONS  OF
 THIS SECTION;
   (B) SET FORTH PROCEDURES FOR THE DESIGNATION OF PERSONAL CARE VISITORS
 BY  RESIDENTS AND LEGAL REPRESENTATIVES INCLUDING REQUIRING A MEDICAL OR
 MENTAL HEALTH PROFESSIONAL TO MAKE A DETERMINATION  THAT  SUCH  PERSONAL
 CARE  VISITOR  IS NECESSARY. SUCH DETERMINATION MAY BE MADE BY A MEDICAL
 OR MENTAL HEALTH PROFESSIONAL NOT AFFILIATED  WITH  A  NURSING  HOME  OR
 RESIDENTIAL HEALTH CARE FACILITY;
   (C)  SET  FORTH PROCEDURES FOR CHANGING A PERSONAL CARE VISITOR DESIG-
 NATION;
   (D) REQUIRE THAT PERSONAL CARE  VISITORS  WAIVE  LIABILITY  AGAINST  A
 NURSING  HOME OR RESIDENTIAL HEALTH CARE FACILITY FOR EXPOSURE TO COVID-
 19;
   (E) PROVIDE THAT A RESIDENT MAY DESIGNATE NO MORE  THAN  ONE  PERSONAL
 CARE VISITOR;
   (F)  PROVIDE  THAT  PERSONAL  CARE  VISITORS  SHALL BE EXEMPT FROM ANY
 PROHIBITIONS ON VISITATION AT A NURSING HOME OR RESIDENTIAL HEALTH  CARE
 FACILITY,  SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH IN THIS
 SUBDIVISION;
   (G) SET FORTH THE CIRCUMSTANCES UNDER  WHICH  VISITATION  BY  PERSONAL
 CARE  VISITORS  AT  NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES
 MAY BE LIMITED, SUSPENDED OR TERMINATED INCLUDING, BUT NOT  LIMITED  TO,
 LOCAL INFECTION RATES AND HEALTH CARE CAPACITY;
   (H)  REQUIRE,  AT  A  MINIMUM,  THAT ALL PERSONAL CARE VISITORS FOLLOW
 SAFETY PROTOCOLS REQUIRED FOR NURSING HOMES AND RESIDENTIAL HEALTH  CARE
 FACILITIES' STAFF, INCLUDING, BUT NOT LIMITED TO:
   (I) TESTING FOR COMMUNICABLE DISEASES;
   (II) CHECKING BODY TEMPERATURE;
   (III) HEALTH SCREENINGS;
   (IV) THE APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT;
   (V) SOCIAL DISTANCING; AND
   (VI) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE;
   (I)  SET  FORTH  FREQUENCY  OF  VISITATION  AND  DURATION OF VISITS BY
 PERSONAL CARE VISITORS AT NURSING  HOMES  AND  RESIDENTIAL  HEALTH  CARE
 FACILITIES; AND
   (J)  SET  FORTH  THE TOTAL NUMBER OF PERSONAL CARE VISITORS ALLOWED TO
 VISIT A NURSING HOME OR RESIDENTIAL HEALTH  CARE  FACILITY  AT  ANY  ONE
 TIME.
   §  2.  The public health law is amended by adding a new section 2801-i
 to read as follows:
   § 2801-I. COMPASSIONATE CARE VISITATION FOR RESIDENTS OF NURSING HOMES
 AND RESIDENTIAL HEALTH CARE FACILITIES. 1. AS USED IN THIS SECTION,  THE
 TERM:
   (A)  "RESIDENT"  MEANS A PERSON WHO IS A RESIDENT OF A NURSING HOME OR
 RESIDENTIAL HEALTH CARE FACILITY;
   (B) "COMPASSIONATE CARE VISITOR" MEANS A FAMILY MEMBER OR LEGAL GUARD-
 IAN OF A RESIDENT DESIGNATED BY THE RESIDENT OR LEGAL REPRESENTATIVE  OF
 THE RESIDENT TO PROVIDE COMPASSIONATE CARE FOR SUCH RESIDENT;
   (C) "COMPASSIONATE CARE" MEANS SHORT-TERM CARE AND SUPPORT PROVIDED BY
 A FAMILY MEMBER OR LEGAL GUARDIAN THAT IS IMPORTANT TO THE MENTAL, PHYS-
 ICAL,  OR SOCIAL WELL-BEING FOR SUCH RESIDENT DURING CRITICAL SITUATIONS
 SUCH AS, BUT NOT LIMITED TO, AT THE END OF SUCH RESIDENT'S  LIFE  OR  IN
 THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OF SUCH RESIDENT;

 S. 614                              3
 
   (D)  "NURSING HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
   (E)  "RESIDENTIAL HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING AS
 SET FORTH IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT  HUNDRED  ONE  OF
 THIS ARTICLE; AND
   (F)  "LEGAL  REPRESENTATIVE"  MEANS  A  LEGAL  GUARDIAN  OR  A LEGALLY
 APPOINTED SUBSTITUTE DECISION-MAKER WHO IS AUTHORIZED TO ACT  ON  BEHALF
 OF A RESIDENT.
   2.  THE  DEPARTMENT IS AUTHORIZED AND DIRECTED TO DEVELOP RULES, REGU-
 LATIONS, AND GUIDELINES AUTHORIZING AND REGULATING THE SHORT-TERM  VISI-
 TATION  OF  COMPASSIONATE CARE VISITORS AT NURSING HOMES AND RESIDENTIAL
 HEALTH CARE FACILITIES DURING, BUT NOT LIMITED TO, THE END  OF  A  RESI-
 DENT'S  LIFE, IN THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OF
 SUCH RESIDENT OR WHEN EXIGENT CIRCUMSTANCES EXIST REGARDING  SUCH  RESI-
 DENT.  SUCH  RULES, REGULATIONS AND GUIDELINES SHALL REQUIRE, AT A MINI-
 MUM, THAT  ALL  COMPASSIONATE  CARE  VISITORS  FOLLOW  SAFETY  PROTOCOLS
 REQUIRED  FOR  NURSING  HOMES  AND  RESIDENTIAL  HEALTH CARE FACILITIES'
 STAFF, INCLUDING, BUT NOT LIMITED TO:
   (A) TESTING FOR COMMUNICABLE DISEASES;
   (B) CHECKING BODY TEMPERATURE;
   (C) HEALTH SCREENINGS;
   (D) THE APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT;
   (E) SOCIAL DISTANCING; AND
   (F) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE.
   3. ALL COMPASSIONATE CARE VISITORS SHALL BE RESTRICTED TO ONE ROOM  TO
 PROVIDE SUCH COMPASSIONATE CARE TO A RESIDENT.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  614--B
     Cal. No. 348
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  RIVERA,  SKOUFIS,  ADDABBO,  BIAGGI, BROUK,
   COONEY, GALLIVAN, HINCHEY, HOYLMAN, JACKSON -- read twice and  ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  -- reported favorably from said
   committee, ordered to first report, amended on first  report,  ordered
   to  a  second report and ordered reprinted, retaining its place in the
   order of second report
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation  to  personal and compassionate caregiving visitors for resi-
   dents of nursing homes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2801-h to read as follows:
   § 2801-H. PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS TO
 NURSING HOME RESIDENTS DURING DECLARED LOCAL OR  STATE  HEALTH  EMERGEN-
 CIES.  1.  AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "PERSONAL CAREGIVING VISITOR" MEANS A FAMILY MEMBER, CLOSE FRIEND,
 OR  LEGAL  GUARDIAN  OF  A  RESIDENT DESIGNATED BY SUCH RESIDENT OR SUCH
 RESIDENT'S LAWFUL REPRESENTATIVE TO PROVIDE PERSONAL CAREGIVING FOR SUCH
 RESIDENT, INCLUDING A COMPASSIONATE CAREGIVING VISITOR;
   (B) "PERSONAL CAREGIVING" MEANS CARE AND SUPPORT OF A  RESIDENT  BY  A
 PERSONAL  CAREGIVING VISITOR THAT IS PROVIDED TO BENEFIT SUCH RESIDENT'S
 MENTAL, PHYSICAL, OR SOCIAL WELL-BEING;
   (C) "COMPASSIONATE CAREGIVING VISITOR"  MEANS  A  PERSONAL  CAREGIVING
 VISITOR PROVIDING COMPASSIONATE CAREGIVING TO A RESIDENT;
   (D)  "COMPASSIONATE  CAREGIVING"  MEANS  PERSONAL  CAREGIVING  THAT IS
 PROVIDED IN ANTICIPATION OF THE END OF  A  RESIDENT'S  LIFE  OR  IN  THE
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04858-09-1

 S. 614--B                           2
 
 INSTANCE  OF  SIGNIFICANT  MENTAL OR SOCIAL DECLINE OR CRISIS OF A RESI-
 DENT;
   (E)  "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 PROVIDE PERSONAL
 CAREGIVING; AND
   (F) "VISIT" INCLUDES PROVIDING PERSONAL CAREGIVING TO A RESIDENT.
   2. PERSONAL CAREGIVING VISITORS MAY VISIT RESIDENTS OF NURSING  HOMES,
 SUBJECT  TO THIS SECTION.  THE COMMISSIONER SHALL MAKE REGULATIONS UNDER
 THIS SECTION WHICH SHALL:
   (A)  REQUIRE   NURSING HOMES TO ALLOW PERSONAL CAREGIVING VISITORS  TO
 VISIT RESIDENTS SUBJECT TO THIS SECTION;
   (B)  SET  FORTH  PROCEDURES FOR THE DESIGNATION OF PERSONAL CAREGIVING
 VISITORS BY RESIDENTS OR RESIDENT'S LAWFUL  REPRESENTATIVES,  WHICH  MAY
 INCLUDE  IN  APPROPRIATE  CIRCUMSTANCES  REQUIRING  A PHYSICAL OR MENTAL
 HEALTH PROFESSIONAL TO STATE THAT THE PERSONAL CAREGIVING WILL  SUBSTAN-
 TIALLY BENEFIT THE RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; AN
 NURSING  HOME  SHALL  NOT REQUIRE THAT THE HEALTH PROFESSIONAL IS AFFIL-
 IATED WITH SUCH NURSING HOME;
   (C) SET FORTH PROCEDURES FOR CHANGING A  PERSONAL  CAREGIVING  VISITOR
 DESIGNATION;
   (D)  PROVIDE  THAT  A RESIDENT SHALL NOT BE ENTITLED TO DESIGNATE MORE
 THAN TWO PERSONAL CAREGIVING VISITORS;
   (E)  PROVIDE THAT PERSONAL CAREGIVING VISITORS SHALL  BE  EXEMPT  FROM
 PROHIBITIONS  ON  VISITING  RESIDENTS  AT  NURSING HOMES, SUBJECT TO THE
 LIMITATIONS AND REQUIREMENTS SET FORTH BY THIS SUBDIVISION;
   (F) SET FORTH THE CIRCUMSTANCES UNDER WHICH VISITING BY PERSONAL CARE-
 GIVING VISITORS MAY BE TEMPORARILY LIMITED OR  SUSPENDED  AT  A  NURSING
 HOME,  INCLUDING,  BUT  NOT LIMITED TO, LOCAL INFECTION RATES, TEMPORARY
 INADEQUATE STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION;
   (G)  REQUIRE, AT A   MINIMUM, THAT ALL  PERSONAL  CAREGIVING  VISITORS
 FOLLOW  SAFETY PROTOCOLS REQUIRED FOR NURSING HOME STAFF, INCLUDING, BUT
 NOT LIMITED TO:
   (I) TESTING FOR COMMUNICABLE DISEASES;
   (II) CHECKING BODY TEMPERATURE;
   (III) HEALTH SCREENINGS;
   (IV) APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT;
   (V) SOCIAL DISTANCING (EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING  BY
 THE PERSONAL CAREGIVING VISITOR FOR THE RESIDENT); 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;
   (I)  SET  FORTH STANDARDS FOR LIMITING  THE TOTAL NUMBER  OF  PERSONAL
 CAREGIVING VISITORS ALLOWED TO VISIT  A NURSING HOME  AT  ANY  ONE TIME;
 AND
   (J)  MAKE  APPROPRIATE  PROVISIONS  FOR  COMPASSIONATE  CAREGIVING AND
 COMPASSIONATE CAREGIVING VISITORS.
   § 2. The social services law is amended by adding a new section  461-u
 to read as follows:
   § 461-U. PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS FOR
 RESIDENTS OF ADULT CARE FACILITIES DURING DECLARED LOCAL OR STATE 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 DESIGNATED  BY  SUCH  RESIDENT  OR  SUCH

 S. 614--B                           3
 
 RESIDENT'S LAWFUL REPRESENTATIVE TO PROVIDE PERSONAL CAREGIVING FOR SUCH
 RESIDENT, INCLUDING A COMPASSIONATE CAREGIVING VISITOR;
   (B)  "PERSONAL  CAREGIVING"  MEANS CARE AND SUPPORT OF A RESIDENT BY A
 PERSONAL CAREGIVING VISITOR THAT IS PROVIDED TO BENEFIT SUCH  RESIDENT'S
 MENTAL, PHYSICAL, OR SOCIAL WELL-BEING.
   (C)  "COMPASSIONATE  CAREGIVING  VISITOR"  MEANS A PERSONAL CAREGIVING
 VISITOR PROVIDING COMPASSIONATE CAREGIVING TO A RESIDENT;
   (D) "COMPASSIONATE  CAREGIVING"  MEANS  PERSONAL  CAREGIVING  THAT  IS
 PROVIDED  IN  ANTICIPATION  OF  THE  END  OF A RESIDENT'S LIFE OR IN THE
 INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OR CRISIS  OF  A  RESI-
 DENT;
   (E) "RESIDENT" MEANS A RESIDENT OF AN ADULT CARE FACILITY; IN RELATION
 TO  A PERSONAL CAREGIVING VISITOR, "RESIDENT" MEANS THE RESIDENT TO WHOM
 A PERSONAL CAREGIVING VISITOR HAS BEEN DESIGNATED  TO  PROVIDE  PERSONAL
 CAREGIVING; AND
   (F) "VISIT" INCLUDES PROVIDING PERSONAL CAREGIVING TO A RESIDENT.
   2.  PERSONAL  CAREGIVING  VISITORS  MAY  VISIT RESIDENTS OF ADULT CARE
 FACILITIES, SUBJECT TO THIS SECTION.  THE COMMISSIONER OF THE DEPARTMENT
 RESPONSIBLE FOR THE LICENSURE OR CERTIFICATION FOR EACH  TYPE  OF  ADULT
 CARE  FACILITY  SHALL  MAKE REGULATIONS FOR SUCH TYPE UNDER THIS SECTION
 WHICH SHALL:
   (A)  REQUIRE ADULT CARE FACILITIES TO ALLOW PERSONAL CAREGIVING  VISI-
 TORS TO VISIT RESIDENTS SUBJECT TO THIS SECTION;
   (B)  SET  FORTH  PROCEDURES FOR THE DESIGNATION OF PERSONAL CAREGIVING
 VISITORS BY RESIDENTS OR RESIDENT'S LAWFUL  REPRESENTATIVES,  WHICH  MAY
 INCLUDE  IN  APPROPRIATE  CIRCUMSTANCES  REQUIRING  A PHYSICAL OR MENTAL
 HEALTH PROFESSIONAL TO STATE THAT THE PERSONAL CAREGIVING WILL  SUBSTAN-
 TIALLY BENEFIT THE RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; AN
 ADULT  CARE  FACILITY  SHALL  NOT  REQUIRE THAT A HEALTH PROFESSIONAL IS
 AFFILIATED WITH SUCH ADULT CARE FACILITY;
   (C) SET FORTH PROCEDURES FOR CHANGING A  PERSONAL  CAREGIVING  VISITOR
 DESIGNATION;
   (D)  PROVIDE  THAT  A RESIDENT SHALL NOT BE ENTITLED TO DESIGNATE MORE
 THAN TWO PERSONAL CAREGIVING VISITORS;
   (E) PROVIDE THAT PERSONAL CAREGIVING VISITORS  SHALL  BE  EXEMPT  FROM
 PROHIBITIONS  ON VISITING RESIDENTS AT ADULT CARE FACILITIES, SUBJECT TO
 THE LIMITATIONS AND REQUIREMENTS IN THIS SUBDIVISION;
   (F) SET FORTH THE CIRCUMSTANCES UNDER WHICH VISITING BY PERSONAL CARE-
 GIVING VISITORS MAY BE TEMPORARILY LIMITED OR SUSPENDED AT AN ADULT CARE
 FACILITY, INCLUDING, BUT NOT LIMITED TO, LOCAL INFECTION  RATES,  TEMPO-
 RARY INADEQUATE STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION;
   (G)  REQUIRE,  AT  A  MINIMUM,  THAT  ALL PERSONAL CAREGIVING VISITORS
 FOLLOW SAFETY PROTOCOLS REQUIRED FOR ADULT CARE FACILITY STAFF,  INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) TESTING FOR COMMUNICABLE DISEASES;
   (II) CHECKING BODY TEMPERATURE;
   (III) HEALTH SCREENINGS;
   (IV) APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT;
   (V)  SOCIAL DISTANCING (EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING BY
 THE PERSONAL CAREGIVING VISITOR FOR A RESIDENT); AND
   (VI) ANY OTHER REQUIREMENT THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
 ASSISTANCE DEEMS APPROPRIATE;
   (H)  SET  FORTH  STANDARDS  FOR  FREQUENCY  AND  DURATION OF VISITS BY
 PERSONAL CAREGIVING VISITORS AT ADULT CARE FACILITIES;

 S. 614--B                           4
 
   (I) SET FORTH STANDARDS FOR LIMITING  THE  TOTAL  NUMBER  OF  PERSONAL
 CAREGIVING  VISITORS  ALLOWED TO VISIT AN ADULT CARE FACILITY AT ANY ONE
 TIME; AND
   (J)  MAKE  APPROPRIATE  PROVISIONS  FOR  COMPASSIONATE  CAREGIVING AND
 COMPASSIONATE CAREGIVING VISITORS.
   § 3. 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.