NY State Senate Bill 2021-S6308

Senate Bill S6308

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Apr 21, 2021	referred to health

2021-S6308 (ACTIVE) - Details

See Assembly Version of this Bill:: A6939
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2801 & 2803-c, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S4809, A2641

2021-S6308 (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.

2021-S6308 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6308

SPONSOR: PALUMBO
 
TITLE OF BILL:

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

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1. Section 2801 of the public health law is amended by adding a
new subdivision 12 with the definition of "essential visitor" as a fami-
ly member, attorney, health care proxy or other individual designated by
the patient, who has been admitted to the hospital for more than 2 days,
who provides emotional and physical support and assistance to the

patient.

Section 2. Subdivision 3 of section 2803-c of the public health law is
amended by adding a new paragraph r stating that every patient has a
right to designate an "essential visitor" who shall act as an advocate
for the patient.

Section 3. Section 2803-c of the public health law is amended by adding
a new subdivision 6a and b: 6a-A designated visitor shall be permitted
unrestricted access and visitation to patient and; 6b-Nothing in this
section shall prevent a facility from requiring precautionary measures
being taken by essential visitors prior to admittance or allowing a
facility to deny entry based on compliance.

Section 4. Effective date

 
JUSTIFICATION:

Especially in this time of COVID-19, it is important that patients in
hospital settings have a reliable person to be with them during their
stay. The creation of an "essential visitor" is vital for the physical
and emotional support of these patients who are vulnerable and may need
someone to speak for them.

This bill allows a family member, attorney, healthcare proxy or other
loved one to stay with a patient. The essential visitor will have to
adhere to any and all precautionary measures, rules and regulations of
the health care facility or hospital.

 
LEGISLATIVE HISTORY:

New bill.

2021-S6308 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6308
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 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 12 to read as follows:
   12. "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 6 to read as follows:
   6. 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.
                                                            LBD10768-01-1

 S. 6308                             2
 
 THE RESIDENT AT THE HOSPITAL IN WHICH SUCH PATIENT IS RESIDING IN  ORDER
 TO PROVIDE THE NECESSARY AID DESCRIBED PURSUANT TO THIS SECTION.
   B.  NOTHING  IN  THIS  SECTION SHALL PREVENT A FACILITY FROM REQUIRING
 PRECAUTIONARY MEASURES BE TAKEN BY ESSENTIAL VISITORS  PRIOR  TO  ADMIT-
 TANCE  OR  DENYING ENTRY TO AN ESSENTIAL VISITOR BASED ON NON-COMPLIANCE
 WITH PRECAUTIONARY PROCEDURES. PRECAUTIONARY MEASURES MAY  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO, SCREENINGS FOR POTENTIAL DISEASES OR VIRUSES THAT
 MAY BE BROUGHT INTO THE FACILITY AND  REQUIRING  ESSENTIAL  VISITORS  TO
 SUPPLY THEIR OWN PERSONAL PROTECTIVE EQUIPMENT.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.