S T A T E O F N E W Y O R K
________________________________________________________________________
6203
2021-2022 Regular Sessions
I N S E N A T E
April 15, 2021
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law and the social services law, in
relation to personal caregiving visitors for residents of nursing
homes; and to amend a chapter of the laws of 2021 amending the public
health law and the social services law relating to personal and
compassionate caregiving visitors for residents of nursing homes, as
proposed in legislative bills numbers S.614-B and A.1052-B, in
relation to the effectiveness thereof
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 added by a
chapter of the laws of 2021 amending the public health law and the
social services law relating to personal and compassionate caregiving
visitors for residents of nursing homes, as proposed in legislative
bills numbers S.614-B and A.1052-B, is amended to read as follows:
§ 2801-h. Personal caregiving [and compassionate caregiving] visitors
[to] FOR nursing home residents during [declared local or state] 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 designated by [such] THE resident or
[such] THE resident's lawful representative to [provide] ASSIST WITH
personal caregiving OR COMPASSIONATE CAREGIVING for [such] THE resi-
dent[, 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04858-11-1
S. 6203 2
(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, PHYSICAL, or social decline or crisis of
a resident;
[(e)] (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 [provide] ASSIST
WITH personal caregiving OR COMPASSIONATE CAREGIVING; and
[(f)] (E) "visit" includes [providing] ASSISTING WITH personal care-
giving [to] OR COMPASSIONATE CAREGIVING FOR a resident.
2. [Personal] DURING A PUBLIC HEALTH EMERGENCY DECLARED UNDER SECTION
TWENTY-FOUR OR SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW PERSONAL care-
giving visitors may visit residents of nursing homes, [subject to] IN
COMPLIANCE WITH FEDERAL LAW AND REGULATIONS AND STATE REGULATIONS MADE
UNDER this section. NURSING HOMES 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 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: (I)
SHALL INCLUDE DOCUMENTATION OF EACH DESIGNATED PERSONAL CAREGIVING VISI-
TOR IN THE FACILITY RECORDS; (II) SHALL INCLUDE PROCEDURES TO ENSURE
THAT THE PREFERENCES OF THE RESIDENT REGARDING THE DESIGNATION OF A
PERSONAL CAREGIVING VISITOR ARE RESPECTED; AND (III) may include, in
appropriate circumstances, requiring a [physical] HEALTH or mental
health professional LICENSED OR CERTIFIED UNDER THE EDUCATION LAW to
state that the personal caregiving will substantially benefit the resi-
dent's mental, physical, or social well-being[; an]. A nursing home
shall not require that the health professional [is] BE affiliated 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] AT LEAST 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] OF this [subdivision]
SECTION;
(f) set forth the circumstances under which visiting by personal care-
giving visitors may be temporarily limited or suspended at a nursing
home TO PROTECT THE HEALTH, SAFETY AND WELFARE OF RESIDENTS, 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]
WHICH MAY INCLUDE, but NEED not BE limited to:
(i) testing for communicable diseases;
(ii) checking body temperature UPON ENTRY INTO THE NURSING HOME;
(iii) health screenings UPON ENTRY INTO THE NURSING HOME;
(iv) appropriate use of personal [protection] PROTECTIVE 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;
S. 6203 3
(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 FOR A RESIDENT AND/OR LIMITING THE TOTAL NUMBER OF
PERSONAL CAREGIVING VISITORS allowed to visit a nursing home at any one
time BASED ON THE CIRCUMSTANCES OF THE RESIDENTS AND THE NURSING HOME;
[and]
(j) REQUIRE PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING TO BE
DOCUMENTED IN THE RESIDENT'S INDIVIDUALIZED COMPREHENSIVE PLAN OF CARE;
AND
(K) make appropriate provisions for compassionate caregiving [and
compassionate caregiving visitors].
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. Section 461-u of the social services law, as added by a chapter
of the laws of 2021 amending the public health law and the social
services law relating to personal and compassionate caregiving visitors
for residents of nursing homes, as proposed in legislative bills numbers
S.614-B and A.1052-B, is amended to read as follows:
§ 461-u. Personal caregiving [and compassionate caregiving] visitors
for residents of adult care facilities during [declared local or state]
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 designated by [such] THE resident or
[such] THE resident's lawful representative to [provide] ASSIST WITH
personal caregiving OR COMPASSIONATE CAREGIVING for [such] THE resi-
dent[, 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, PHYSICAL, or social decline or crisis of
a resident;
[(e)] (D) "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]
ASSIST WITH personal caregiving OR COMPASSIONATE CAREGIVING; and
[(f)] (E) "visit" includes [providing] ASSISTING WITH personal care-
giving [to] OR COMPASSIONATE CAREGIVING FOR a resident.
2. [Personal] DURING A PUBLIC HEALTH EMERGENCY DECLARED UNDER SECTION
TWENTY-FOUR OR SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW PERSONAL care-
giving visitors may visit residents of adult care facilities, [subject
S. 6203 4
to] IN COMPLIANCE WITH FEDERAL LAW AND REGULATIONS AND STATE REGULATIONS
MADE UNDER this section. ADULT CARE FACILITIES SHALL ADMIT ANY PERSONAL
CAREGIVING VISITOR WHO IS IN COMPLIANCE WITH APPLICABLE REQUIREMENTS
UNDER THIS SECTION.
3. The commissioner of the department responsible for the licensure or
certification for each type of adult care facility shall make regu-
lations 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: (I)
SHALL INCLUDE DOCUMENTATION OF EACH DESIGNATED PERSONAL CAREGIVING VISI-
TOR IN THE FACILITY RECORDS; (II) SHALL INCLUDE PROCEDURES TO ENSURE
THAT THE PREFERENCES OF THE RESIDENT REGARDING THE DESIGNATION OF A
PERSONAL CAREGIVING VISITOR ARE RESPECTED; AND (III) may include, in
appropriate circumstances, requiring a [physical] HEALTH or mental
health professional LICENSED OR CERTIFIED UNDER THE EDUCATION LAW to
state that the personal caregiving will substantially benefit the resi-
dent's mental, physical, or social well-being[; an]. AN adult care
facility shall not require that a health OR MENTAL HEALTH professional
[is] BE 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] AT LEAST 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] OF this [subdivision] SECTION;
(f) set forth the circumstances under which visiting by personal care-
giving visitors may be temporarily limited or suspended at an adult care
facility TO PROTECT THE HEALTH, SAFETY AND WELFARE OF RESIDENTS, includ-
ing, 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 adult care facility staff, includ-
ing] WHICH MAY INCLUDE, but NEED not BE limited to:
(i) testing for communicable diseases;
(ii) checking body temperature UPON ENTRY INTO THE ADULT CARE
FACILITY;
(iii) health screenings UPON ENTRY INTO THE ADULT CARE FACILITY;
(iv) appropriate use of personal [protection] PROTECTIVE 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] RESPECTIVE COMMISSIONER deems appropriate;
(h) set forth standards for frequency and duration of visits by
personal caregiving visitors at adult care facilities;
(i) set forth standards for limiting the total number of personal
caregiving visitors FOR A RESIDENT AND/OR LIMITING THE TOTAL NUMBER OF
PERSONAL CAREGIVING VISITORS allowed to visit an adult care facility at
any one time BASED ON THE CIRCUMSTANCES OF THE RESIDENTS AND THE ADULT
CARE FACILITY; [and]
(j) REQUIRE PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING TO BE
DOCUMENTED IN THE RESIDENT'S CASE MANAGEMENT NOTES; AND
(K) make appropriate provisions for compassionate caregiving [and
compassionate caregiving visitors].
S. 6203 5
4. THE RESPECTIVE COMMISSIONERS SHALL POST THE REQUIREMENTS CONSISTENT
WITH REGULATIONS, ON THEIR 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 FACILITY LICENSED UNDER THIS
ARTICLE, OR ANY FACILITY OPERATOR, 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.
§ 3. Section 3 of a chapter of the laws of 2021 amending the public
health law and the social services law relating to personal and compas-
sionate caregiving visitors for residents of nursing homes, as proposed
in legislative bills numbers S.614-B and A.1052-B, is amended to read as
follows:
§ 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] IMMEDIATELY AND REGULATIONS SHALL BE MADE, WHICH
MAY INCLUDE EMERGENCY REGULATIONS, WITHIN FORTY-FIVE DAYS AFTER SUCH
DATE; PROVIDED HOWEVER, NOTHING HEREIN SHALL IMPACT THE EFFECTIVENESS OF
CURRENT DEPARTMENT OF HEALTH GUIDANCE PERTAINING TO NURSING HOME AND
ADULT CARE FACILITY VISITATION.
§ 4. This act shall take effect immediately; provided however, that
sections one and two of this act shall take effect on the same date and
in the same manner as a chapter of the laws of 2021 amending the public
health law and the social services law relating to personal and compas-
sionate caregiving visitors for residents of nursing homes, as proposed
in legislative bills numbers S.614-B and A.1052-B, takes effect.