S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5449
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER, SAYEGH -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to personal  caregiv-
   ing visitors for general hospital patients
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 2803 of the public health  law  is
 amended by adding a new paragraph (g-1) to read as follows:
   (G-1) CONSISTENT WITH PARAGRAPH (G) OF THIS SUBDIVISION, THE STATEMENT
 OF THE RIGHTS AND RESPONSIBILITIES OF PATIENTS SHALL PROVIDE THAT DURING
 A  PUBLIC HEALTH EMERGENCY DECLARED UNDER SECTION TWENTY-FOUR OR SECTION
 TWENTY-EIGHT OF THE EXECUTIVE LAW PATIENTS HAVE A RIGHT TO  DESIGNATE  A
 FAMILY MEMBER, LAWFUL REPRESENTATIVE, OR NEXT FRIEND AS A PERSONAL CARE-
 GIVING  VISITOR WHO MAY VISIT THE PATIENT IN COMPLIANCE WITH FEDERAL LAW
 AND REGULATIONS AND STATE REGULATIONS MADE  UNDER  THIS  PARAGRAPH.  THE
 COMMISSIONER  SHALL  PROMULGATE  REGULATIONS  UNDER THIS PARAGRAPH WHICH
 SHALL:
   (I) REQUIRE GENERAL HOSPITALS TO ALLOW PERSONAL CAREGIVING VISITORS TO
 VISIT PATIENTS SUBJECT TO THIS PARAGRAPH;
   (II) SET FORTH PROCEDURES FOR THE DESIGNATION OF  PERSONAL  CAREGIVING
 VISITORS  BY  A  PATIENT OR SUCH PATIENT'S LAWFUL REPRESENTATIVE, WHICH:
 (A) SHALL INCLUDE DOCUMENTATION OF EACH DESIGNATED  PERSONAL  CAREGIVING
 VISITOR  IN THE FACILITY RECORDS; (B) SHALL INCLUDE PROCEDURES TO ENSURE
 THAT THE PREFERENCES OF THE  PATIENT  REGARDING  THE  DESIGNATION  OF  A
 PERSONAL  CAREGIVING  VISITOR  ARE  RESPECTED;  AND  (C) MAY INCLUDE, IN
 APPROPRIATE CIRCUMSTANCES, REQUIRING A HEALTH OR MENTAL  HEALTH  PROFES-
 SIONAL  LICENSED  OR CERTIFIED UNDER THE EDUCATION LAW TO STATE THAT THE
 PERSONAL CAREGIVING WILL SUBSTANTIALLY  BENEFIT  THE  PATIENT'S  MENTAL,
 PHYSICAL,  OR  SOCIAL  WELL-BEING.  A GENERAL HOSPITAL SHALL NOT REQUIRE
 THAT THE HEALTH PROFESSIONAL BE AFFILIATED WITH SUCH GENERAL HOSPITAL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10138-01-3
 A. 5449                             2
              

 
   (III) SET FORTH PROCEDURES FOR CHANGING A PERSONAL CAREGIVING  VISITOR
 DESIGNATION;
   (IV)  PROVIDE  THAT  A PATIENT SHALL BE ENTITLED TO DESIGNATE AT LEAST
 TWO PERSONAL CAREGIVING VISITORS;
   (V) PROVIDE THAT PERSONAL CAREGIVING VISITORS  SHALL  BE  EXEMPT  FROM
 PROHIBITIONS  ON  VISITING PATIENTS AT GENERAL HOSPITALS, SUBJECT TO THE
 LIMITATIONS AND REQUIREMENTS OF THIS SECTION;
   (VI) SET FORTH THE CIRCUMSTANCES  UNDER  WHICH  VISITING  BY  PERSONAL
 CAREGIVING VISITORS MAY BE TEMPORARILY LIMITED OR SUSPENDED AT A GENERAL
 HOSPITAL  TO PROTECT THE HEALTH, SAFETY AND WELFARE OF PATIENTS, INCLUD-
 ING, BUT NOT LIMITED TO, LOCAL  INFECTION  RATES,  TEMPORARY  INADEQUATE
 STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION;
   (VII)  REQUIRE,  AT  A  MINIMUM, THAT ALL PERSONAL CAREGIVING VISITORS
 FOLLOW SAFETY PROTOCOLS WHICH MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   (A) TESTING FOR COMMUNICABLE DISEASES;
   (B) CHECKING BODY TEMPERATURE UPON ENTRY INTO THE GENERAL HOSPITAL;
   (C) HEALTH SCREENINGS UPON ENTRY INTO THE GENERAL HOSPITAL;
   (D) APPROPRIATE USE OF PERSONAL PROTECTIVE EQUIPMENT;
   (E) SOCIAL DISTANCING, EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING  BY
 THE PERSONAL CAREGIVING VISITOR FOR THE PATIENT; AND
   (F) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE;
   (VIII)  SET  FORTH  STANDARDS  FOR FREQUENCY AND DURATION OF VISITS BY
 PERSONAL CAREGIVING VISITORS AT GENERAL HOSPITALS; AND
   (IX) SET FORTH STANDARDS FOR LIMITING THE  TOTAL  NUMBER  OF  PERSONAL
 CAREGIVING  VISITORS  FOR  A PATIENT AND/OR LIMITING THE TOTAL NUMBER OF
 PERSONAL CAREGIVING VISITORS ALLOWED TO VISIT A GENERAL HOSPITAL AT  ANY
 ONE  TIME  BASED  ON  THE  CIRCUMSTANCES OF THE PATIENTS AND THE GENERAL
 HOSPITAL.
   § 2. 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.