N.Y. PBH Law § 2801-H — New York Code / Act PBH / Article 28 / Section 2801-H
Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies
Status: in_force

§ 2801-h. Personal caregiving visitors for nursing home residents\nduring public health emergencies. 1. As used in this section, the\nfollowing terms have the following meanings:\n  (a) "personal caregiving visitor" means a family member, close friend,\nor legal guardian of a resident designated by the resident or the\nresident's lawful representative to assist with personal caregiving or\ncompassionate caregiving for the resident;\n  (b) "personal caregiving" means care and support of a resident by a\npersonal caregiving visitor that is provided to benefit such resident's\nmental, physical, or social well-being;\n  (c) "compassionate caregiving" means personal caregiving that is\nprovided in anticipation of the end of a resident's life or in the\ninstance of significant mental, physical, or social decline or crisis of\na resident;\n  (d) "resident" means a resident of a nursing home; in relation to a\npersonal caregiving visitor, "resident" means the resident to whom the\npersonal caregiving visitor has been designated to assist with personal\ncaregiving or compassionate caregiving; and\n  (e) "visit" includes assisting with personal caregiving or\ncompassionate caregiving for a resident.\n  2. During a public health emergency declared under section twenty-four\nor section twenty-eight of the executive law personal caregiving\nvisitors may visit residents of nursing homes, in compliance with\nfederal law and regulations and state regulations made under this\nsection. Nursing homes shall admit any personal caregiving visitor who\nis in compliance with applicable requirements under this section.\n  3. The commissioner shall make regulations under this section which\nshall:\n  (a) require nursing homes to allow personal caregiving visitors to\nvisit residents subject to this section;\n  (b) set forth procedures for the designation of personal caregiving\nvisitors by residents or resident's lawful representatives, which: (i)\nshall include documentation of each designated personal caregiving\nvisitor in the facility records; (ii) shall include procedures to ensure\nthat the preferences of the resident regarding the designation of a\npersonal caregiving visitor are respected; and (iii) may include, in\nappropriate circumstances, requiring a health or mental health\nprofessional licensed or certified under the education law to state that\nthe personal caregiving will substantially benefit the resident's\nmental, physical, or social well-being. A nursing home shall not require\nthat the health professional be affiliated with such nursing home;\n  (c) set forth procedures for changing a personal caregiving visitor\ndesignation;\n  (d) provide that a resident shall be entitled to designate at least\ntwo personal caregiving visitors;\n  (e) provide that personal caregiving visitors shall be exempt from\nprohibitions on visiting residents at nursing homes, subject to the\nlimitations and requirements of this section;\n  (f) set forth the circumstances under which visiting by personal\ncaregiving visitors may be temporarily limited or suspended at a nursing\nhome to protect the health, safety and welfare of residents, including,\nbut not limited to, local infection rates, temporary inadequate staff\ncapacity, or an acute emergency situation;\n  (g) require, at a minimum, that all personal caregiving visitors\nfollow safety protocols which may include, but need not be limited to:\n  (i) testing for communicable diseases;\n  (ii) checking body temperature upon entry into the nursing home;\n  (iii) health screenings upon entry into the nursing home;\n  (iv) appropriate use of personal protective equipment;\n  (v) social distancing (except as necessary for personal caregiving by\nthe personal caregiving visitor for the resident); and\n  (vi) any other requirement the department deems appropriate;\n  (h) set forth standards for frequency and duration of visits by\npersonal caregiving visitors at nursing homes;\n  (i) set forth standards for limiting the total number of personal\ncaregiving visitors for a resident and/or limiting the total number of\npersonal caregiving visitors allowed to visit a nursing home at any one\ntime based on the circumstances of the residents and the nursing home;\n  (j) require personal caregiving and compassionate caregiving to be\ndocumented in the resident's individualized comprehensive plan of care;\nand\n  (k) make appropriate provisions for compassionate caregiving.\n  4. The department shall post the requirements consistent with\nregulations, on its website, including any requirements as to time\nperiods and region.\n  5. This section does not require the medical assistance program to\ncover personal caregiving or compassionate caregiving and such\ncaregiving shall not be reimbursed under the medical assistance program.\n  6. This section does not relieve any nursing home, or nursing home\noperator or administrator, of any obligation or responsibility imposed\nby any other applicable law or regulation.\n  7. Nothing in this section shall be construed to limit access by any\nvisitor to a facility that would otherwise be permitted under federal or\nstate law or regulation.\n