S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2641
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred 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 15 to read as follows:
   15. "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 7 to read as follows:
   7. 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.
                                                            LBD07175-01-3
 A. 2641                             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.