NY State Senate Bill 2023-S4809

Senate Bill S4809

2023-2024 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

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Feb 15, 2023	referred to health

2023-S4809 (ACTIVE) - Details

See Assembly Version of this Bill:: A2641
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2801 & 2803-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S6308, A6939

2023-S4809 (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.

2023-S4809 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4809

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 15 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 s 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 7a and 7b: 7a-A designated visitor shall be permitted
unrestricted access and visitation to patient and; 7b-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 essen-
tial visitor will have to adhere to any and all precautionary measures,
rules and regulations of the health care facility or hospital.

 
LEGISLATIVE HISTORY:

2022 S.6308/A.6939.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2023-S4809 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4809
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 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 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
 S. 4809                             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.

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