S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11075
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Bronson,
   Gottfried, Lupardo, McDonald) -- read once and referred to the Commit-
   tee 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
 PERSONAL CARE VISITORS AT NURSING  HOMES  AND  RESIDENTIAL  HEALTH  CARE
 FACILITIES.  SUCH RULES, REGULATIONS AND GUIDELINES SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD17196-06-0

 A. 11075                            2
 
   (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;
   (D)  "NURSING HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;

 A. 11075                            3
 
   (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.