NY State Senate Bill 2021-S614

Senate Bill S614

Signed By Governor

2021-2022 Legislative Session

Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2021	approval memo.3 signed chap.89
Mar 17, 2021	delivered to governor
Mar 03, 2021	returned to senate passed assembly ordered to third reading cal.85 substituted for a1052b
Feb 22, 2021	referred to health delivered to assembly passed senate ordered to third reading cal.348 committed to rules
Feb 10, 2021	2nd report cal. amended 614b
Feb 09, 2021	1st report cal.348
Jan 15, 2021	print number 614a
Jan 15, 2021	amend (t) and recommit to health
Jan 06, 2021	referred to health

Votes

- Feb 22, 2021 - Floor Vote
  S614
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 22, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Feb 22, 2021 - Rules Committee Vote
  S614
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 22, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
  Feb 9, 2021 - Health Committee Vote
  S614
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 9, 2021
      
      aye (15)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Ryan
      
      Salazar
      
      Stec
      
      Thomas

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S614 - Details

See Assembly Version of this Bill:: A1052
Law Section:: Public Health Law
Laws Affected:: Add §§2801-h & 2801-i, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8958

2021-S614 - Summary

Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.

2021-S614 - Sponsor Memo

                                
 
BILL NUMBER: S614

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law, in relation to personal care
visitors for residents of nursing homes and residential health care
facilities

 
PURPOSE:

This bill authorizes the Department of Health to develop regulations to
allow personal care visitation, for the provision of routine care and
support, and for compassionate care, for the provision of short-term
emergency care and support, by family members and legal guardians of
residents of nursing homes and other residential health care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 2801-h to the public health law. This
section requires the department of health to develop rules, regulations,

and guidelines to allow personal care visitors at nursing homes and
residential health care facilities. Defines personal care as care and
support provided to such resident by a family member or legal guardian
to a resident that is important to the mental, physical, or social well-
being for such resident and is determined as necessary by a medical or
mental health professional.  These guidelines will include that facili-
ties are required to allow such visitation, procedures for designating a
visitor with support from a medical or mental health professional, set
forth procedures on changing such designation, require waiving liabil-
ity, limits such designation to only one caregiver per resident, exempts
such visitors from general prohibitions on visitation, set forth the
circumstances under which such visitation may be suspended or limited,
establish safety protocols for such visitors, sets forth frequency and
duration of visitation, and sets forth the total number of such visitors
allowed in a facility at any one time.

Section 2: Section 2: adds a new section 2801-i to the public health
law. This section requires the department of health to develop rules,
regulations, and guidelines to allow compassionate care visitors at
nursing homes and residential health care facilities. Defines compas-
sionate care as short-term care and support provided by a family member
or legal guardian to a resident that is important for such resident's
well-being during critical situations such as end-of-life or in the
instance of significant mental or social decline. Establishes that, at
minimum, regulation for compassionate care visitation will require visi-
tors to follow safety protocols similar to those of staff or personal
care visitors and that all compassionate care visitors shall be
restricted to one room for purposes of visitation.

 
JUSTIFICATION:

 
FISCAL IMPACT:

None.

 
LEGISLATIVE HISTORY:


2019-2020 - S.8958 (May) Referred to Rules /A.11075 (Bronson) Referred
to Health

 
EFFECTIVE DATE:
Immediately.

2021-S614 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    614
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04858-01-1

 S. 614                              2
 
 PERSONAL CARE VISITORS AT NURSING  HOMES  AND  RESIDENTIAL  HEALTH  CARE
 FACILITIES.  SUCH RULES, REGULATIONS AND GUIDELINES SHALL:
   (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;

 S. 614                              3
 
   (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 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.

co-Sponsors

View additional co-sponsors

2021-S614A - Details

See Assembly Version of this Bill:: A1052
Law Section:: Public Health Law
Laws Affected:: Add §§2801-h & 2801-i, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8958

2021-S614A - Summary

Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.

2021-S614A - Sponsor Memo

                                
 
BILL NUMBER: S614A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law and the social services law, in
relation to personal and compassionate caregiving visitors for residents
of nursing homes

 
PURPOSE:

This bill authorizes the Department of Health to develop regulations to
allow personal caregiving visitation, for the provision of routine care
and support, and for compassionate caregiving visitation, for the
provision of short-term emergency care and support at end of life or
other dire circumstances, by family members and legal guardians of resi-
dents of nursing homes and other residential health care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 2801-h to the public health law. This

section requires the department of health to develop rules, regulations,
and guidelines to allow personal caregiving and compassionate caregiving
visitors at nursing homes. Provides definitions for personal and compas-
sionate caregiving. These guidelines will include that facilities are
required to allow such visitation, procedures for designating a visitor
(as needed, with support from a medical or mental health professional),
set forth procedures on changing such designation, require waiving
liability, limits such designation to two caregivers per resident,
exempts such visitors from general prohibitions on visitation, set forth
the circumstances under which such visitation may be suspended or limit-
ed, establish safety protocols for such visitors, sets forth frequency
and duration of visitation, set forth the total number of such visitors
allowed in a facility at any one time, and make allowances for compas-
sionate caregiving.

Section 2: Adds a new section 461-u to the social services law.. This
section requires the office of temporary and disability assistance to
develop rules, regulations, and guidelines to allow personal caregiving
and compassionate caregiving visitors at nursing homes.  Provides defi-
nitions for personal and compassionate caregiving. These guidelines will
include that facilities are required to allow such visitation, proce-
dures for designating a visitor (as needed, with support from a medical
or mental health professional), set forth procedures on changing such
designation, require waiving liability, limits such designation to two
caregivers per resident, exempts such visitors from general prohibitions
on visitation, set forth the circumstances under which such visitation
may be suspended or limited, establish safety protocols for such visi-
tors, sets forth frequency and duration of visitation, set forth the
total number of such visitors allowed in a facility at any one time, and
make allowances for compassionate caregiving.

 
JUSTIFICATION:

In an effort to curb outbreaks of the coronavirus among nursing home
residents, New York State issued a ban on outside visitation by nones-
sential visitors in March 2020. While the ban addressed a real need to
limit spread of the virus, it has become apparent that isolation from
loved ones presents significant risks of its own to the physical and
mental wellbeing of nursing home residents. In many cases, family
members prior to the ban regularly provided care for their loved one,
assisting with feeding, bathing, dressing, communication and other
essential activities of daily living. These family members-some of them
on a daily basis for years-functioned as de facto "staff," augmenting
the care and support provided by regular staff. We know that nursing
home aides are too often stretched thin under the best of circumstances;
during the pandemic, their numbers and capacity have been even lower,
exacerbating the challenge of adequately meeting residents' needs.
Personal care visitation would allow for such care to resume, with the
designated caregiver following the same protocols as staff.

In addition, this bill would expand on the definition, as conceived by
CMS, of "compassionate care visitation," so that facilities allow for
visitation not just at end-of-life situations but also in response to a
marked decline in a resident's physical, mental or emotional wellbeing.
This decline might be indicated by such conditions as depression,
increased confusion or cognitive decline, weight loss or various other
changes that signify a negative turn in physical or psychosocial health.
Such changes are increasingly showing up as side effects of policies
that isolate residents from their loved ones for extended periods of
time and, in the most serious cases, pose their own risk of morbidity.

It is a sad fact that enforced isolation from loved ones has created a
whole new set of risks to nursing home residents-in many cases acceler-
ating mental and physical decline. Allowing exemptions for personal care
visitors and enhanced compassionate care visitation would be a reason-
able, pragmatic step toward re-establishing those critical informal
channels of care that are so crucial to the wellbeing of nursing home
residents.

 
FISCAL IMPACT:

None.

 
LEGISLATIVE HISTORY:

2021: S.614 (May) / A.1052 (Bronson) 2019-2020 - S.8958 (May) Referred
to Rules /A.11075 (Bronson) Referred to Health

 
EFFECTIVE DATE:
90 days after becoming law.

2021-S614A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  614--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BIAGGI,  HOYLMAN  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 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.
                                                            LBD04858-02-1

 S. 614--A                           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;

 S. 614--A                           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.

co-Sponsors

View additional co-sponsors

2021-S614B (ACTIVE) - Details

See Assembly Version of this Bill:: A1052
Law Section:: Public Health Law
Laws Affected:: Add §§2801-h & 2801-i, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8958

2021-S614B (ACTIVE) - Summary

Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.

2021-S614B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S614B

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law and the social services law, in
relation to personal and compassionate caregiving visitors for residents
of nursing homes

 
PURPOSE:

This bill authorizes the Department of Health to develop regulations to
allow personal caregiving visitation, for the provision of routine care
and support, and for compassionate caregiving visitation, for the
provision of short-term emergency care and support at end of life or
other dire circumstances, by family members and legal guardians of resi-
dents of nursing homes and other residential health care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section 2801-h to the public health law. This

section requires the department of health to develop rules, regulations,
and guidelines to allow personal caregiving and compassionate caregiving
visitors at nursing homes. Provides definitions for personal and compas-
sionate caregiving. These guidelines will include that facilities are
required to allow such visitation, procedures for designating a visitor
(as needed, with support from a medical or mental health professional),
set forth procedures on changing such designation, require waiving
liability, limits such designation to two caregivers per resident,
exempts such visitors from general prohibitions on visitation, set forth
the circumstances under which such visitation may be suspended or limit-
ed, establish safety protocols for such visitors, sets forth frequency
and duration of visitation, set forth the total number of such visitors
allowed in a facility at any one time, and make allowances for compas-
sionate caregiving.

Section 2: Adds a new section 461-u to the social services law.. This
section requires the office of temporary and disability assistance to
develop rules, regulations, and guidelines to allow personal caregiving
and compassionate caregiving visitors at nursing homes.  Provides defi-
nitions for personal and compassionate caregiving. These guidelines will
include that facilities are required to allow such visitation, proce-
dures for designating a visitor (as needed, with support from a medical
or mental health professional), set forth procedures on changing such
designation, require waiving liability, limits such designation to two
caregivers per resident, exempts such visitors from general prohibitions
on visitation, set forth the circumstances under which such visitation
may be suspended or limited, establish safety protocols for such visi-
tors, sets forth frequency and duration of visitation, set forth the
total number of such visitors allowed in a facility at any one time, and
make allowances for compassionate caregiving.

** The B-print of this bill makes technical amendments to section 2
regarding commissioners and changes the effective date to 45 days after
becoming law. **

 
JUSTIFICATION:


In an effort to curb outbreaks of the coronavirus among nursing home
residents, New York State issued a ban on outside visitation by nones-
sential visitors in March 2020. While the ban addressed a real need to
limit spread of the virus, it has become apparent that isolation from
loved ones presents significant risks of its own to the physical and
mental wellbeing of nursing home residents. In many cases, family
members prior to the ban regularly provided care for their loved one,
assisting with feeding, bathing, dressing, communication and other
essential activities of daily living. These family members-some of them
on a daily basis for years-functioned as de facto "staff," augmenting
the care and support provided by regular staff. We know that nursing
home aides are too often stretched thin under the best of circumstances;
during the pandemic, their numbers and capacity have been even lower,
exacerbating the challenge of adequately meeting residents' needs.
Personal care visitation would allow for such care to resume, with the
designated caregiver following the same protocols as staff.

In addition, this bill would expand on the definition, as conceived by
CMS, of "compassionate care visitation," so that facilities allow for
visitation not just at end-of-life situations but also in response to a
marked decline in a resident's physical, mental or emotional wellbeing.
This decline might be indicated by such conditions as depression,
increased confusion or cognitive decline, weight loss or various other
changes that signify a negative turn in physical or psychosocial health.
Such changes are increasingly showing up as side effects of policies
that isolate residents from their loved ones for extended periods of
time and, in the most serious cases, pose their own risk of morbidity.

It is a sad fact that enforced isolation from loved ones has created a
whole new set of risks to nursing home residents-in many cases acceler-
ating mental and physical decline. Allowing exemptions for personal care
visitors and enhanced compassionate care visitation would be a reason-
able, pragmatic step toward re-establishing those critical informal
channels of care that are so crucial to the wellbeing of nursing home
residents.

 
FISCAL IMPACT:  None.

 
LEGISLATIVE HISTORY:

2021: 5.614 (May) / A.1052 (Bronson)
2019-2020 - S.8958 (May) Referred to Rules /A.11075 (Bronson) Referred
to Health

 
EFFECTIVE DATE:
45 days after becoming law.

2021-S614B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  614--B
     Cal. No. 348
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  RIVERA,  SKOUFIS,  ADDABBO,  BIAGGI, BROUK,
   COONEY, GALLIVAN, HINCHEY, HOYLMAN, JACKSON -- read twice and  ordered
   printed,  and  when printed to be committed to the Committee on Health
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  -- reported favorably from said
   committee, ordered to first report, amended on first  report,  ordered
   to  a  second report and ordered reprinted, retaining its place in the
   order of second report
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04858-09-1

 S. 614--B                           2
 
 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.
   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

 S. 614--B                           3
 
 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 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 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  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;

 S. 614--B                           4
 
   (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 forty-fifth 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.

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Senate Bill S614

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S614 - Details

2021-S614 - Summary

2021-S614 - Sponsor Memo

2021-S614 - Bill Text download pdf

co-Sponsors

2021-S614A - Details

2021-S614A - Summary

2021-S614A - Sponsor Memo

2021-S614A - Bill Text download pdf

co-Sponsors

2021-S614B (ACTIVE) - Details

2021-S614B (ACTIVE) - Summary

2021-S614B (ACTIVE) - Sponsor Memo

2021-S614B (ACTIVE) - Bill Text download pdf

Comments