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This entry was published on 2021-05-14
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Personal caregiving visitors for residents of adult care facilities during public health emergencies
Social Services (SOS) CHAPTER 55, ARTICLE 7, TITLE 2
§ 461-u. Personal caregiving visitors for residents of adult care
facilities during 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 the resident or the
resident's lawful representative to assist with personal caregiving or
compassionate caregiving for the resident;

(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" 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;

(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 assist with
personal caregiving or compassionate caregiving; and

(e) "visit" includes assisting with personal caregiving or
compassionate caregiving for a resident.

2. During a public health emergency declared under section twenty-four
or section twenty-eight of the executive law personal caregiving
visitors may visit residents of adult care facilities, 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

3. 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
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
visitor 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 health or mental health
professional licensed or certified under the education law to state that
the personal caregiving will substantially benefit the resident's
mental, physical, or social well-being. An adult care facility shall not
require that a health or mental health professional be affiliated with
such adult care facility;

(c) set forth procedures for changing a personal caregiving visitor

(d) provide that a resident shall be entitled to designate 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 of this section;

(f) set forth the circumstances under which visiting by personal
caregiving visitors may be temporarily limited or suspended at an adult
care facility 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 which may include, but need not be limited to:

(i) testing for communicable diseases;

(ii) checking body temperature upon entry into the adult care

(iii) health screenings upon entry into the adult care facility;

(iv) appropriate use of personal 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 respective commissioner deems

(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;

(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.

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
caregiving 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.