S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5702
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of 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.
                                                            LBD02301-01-5
 A. 5702                             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.