S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4312
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Health
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04858-03-1

 A. 4312                             2
 
   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
 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;

 A. 4312                             3
 
   (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 OFFICE  OF
 TEMPORARY  AND  DISABILITY  ASSISTANCE SHALL MAKE REGULATIONS 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;
   (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 ninetieth 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.