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Senate Bill S4809

2023-2024 Legislative Session

Authorizes patients to designate an essential visitor who may assist the patient and perform certain duties on behalf of the patient

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Archive: Last Bill Status - In Senate Committee Health Committee

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2023-S4809 (ACTIVE) - Details

See Assembly Version of this Bill:
A2641
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§2801 & 2803-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: S6308, A6939
2025-2026: S1558, A5702

2023-S4809 (ACTIVE) - Summary

Authorizes patients to designate an essential visitor who may assist the patient and perform certain duties on behalf of the patient, including communicating with facility staff regarding the needs of the patient, providing emotional stability and company, and requesting additional care or a change in the care plan.

2023-S4809 (ACTIVE) - Sponsor Memo

2023-S4809 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4809
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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  authorizing
   patients  to designate an essential visitor who may assist the patient
   and perform certain duties on behalf of the patient

   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 15 to read as follows:
   15. "ESSENTIAL VISITOR" SHALL MEAN A FAMILY MEMBER, ATTORNEY IN  FACT,
 HEALTH  CARE  PROXY  OR OTHER INDIVIDUAL DESIGNATED BY A PATIENT WHO HAS
 BEEN ADMITTED TO THE HOSPITAL FOR MORE THAN TWO DAYS  AND  WHO  PROVIDES
 EMOTIONAL  AND  PHYSICAL  SUPPORT  AND  ASSISTANCE  TO THE PATIENT. SUCH
 ASSISTANCE MAY INCLUDE: HELP WITH EATING  AND  DRESSING  WHEN  STAFF  IS
 UNAVAILABLE,  PROVIDING  EMOTIONAL  SUPPORT  DUE TO LACK OF CONTACT WITH
 INDIVIDUALS OUTSIDE OF THE HOSPITAL, AND COMMUNICATING  PATIENTS'  NEEDS
 TO STAFF WHEN NECESSARY.
   §  2.  Subdivision  3  of  section  2803-c of the public health law is
 amended by adding a new paragraph s to read as follows:
   S. EVERY PATIENT SHALL HAVE THE RIGHT TO DESIGNATE ONE  INDIVIDUAL  AS
 AN  ESSENTIAL  VISITOR  WHO  SHALL  ACT  AS AN ADVOCATE FOR THE PATIENT.
 DUTIES OF THE ESSENTIAL VISITOR SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 COMMUNICATING  WITH  FACILITY  STAFF REGARDING THE NEEDS OF THE PATIENT,
 PROVIDING EMOTIONAL STABILITY AND COMPANY FOR THE PATIENT WHILE STAFF IS
 UNAVAILABLE, AND REQUESTING ADDITIONAL CARE OR A CHANGE IN  THE  CURRENT
 CARE PLAN IF NECESSARY.
   §  3.  Section  2803-c of the public health law is amended by adding a
 new subdivision 7 to read as follows:
   7. A. ANY INDIVIDUAL DESIGNATED AS AN ESSENTIAL  VISITOR  PURSUANT  TO
 THIS  SECTION  SHALL  BE PERMITTED UNRESTRICTED ACCESS AND VISITATION TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07175-01-3
 S. 4809                             2

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