NY Pub Health L § 2801-H (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2801-H - Personal Caregiving Visitors for Nursing Home Residents During Public Health Emergencies.

§  2801-h.  Personal  caregiving  visitors  for nursing home residents during public health emergencies.  1.  As  used  in  this  section,  the following terms have the following meanings:  (a) "personal caregiving visitor" means a family member, close friend, or  legal  guardian  of  a  resident  designated  by the resident or the resident's lawful representative to assist with personal  caregiving  or compassionate caregiving for the resident;  (b)  "personal  caregiving"  means care and support of a resident by a personal caregiving visitor that is provided to benefit such  resident's mental, physical, or social well-being;  (c)  "compassionate  caregiving"  means  personal  caregiving  that is provided in anticipation of the end of  a  resident's  life  or  in  the instance of significant mental, physical, or social decline or crisis of a resident;  (d)  "resident"  means  a resident of a nursing home; in relation to a personal caregiving visitor, "resident" means the resident to  whom  the personal  caregiving visitor has been designated to assist with personal caregiving or compassionate caregiving; and  (e)  "visit"  includes   assisting   with   personal   caregiving   or compassionate caregiving for a resident.   2. During a public health emergency declared under section twenty-four or  section  twenty-eight  of  the  executive  law  personal  caregiving visitors may visit  residents  of  nursing  homes,  in  compliance  with federal  law  and  regulations  and  state  regulations  made under this section. Nursing homes shall admit any personal caregiving  visitor  who is in compliance with applicable requirements under this section.   3.  The  commissioner  shall make regulations under this section which shall:  (a) require nursing homes to allow  personal  caregiving  visitors  to visit residents subject to this section;  (b)  set  forth  procedures for the designation of personal caregiving visitors by residents or resident's lawful representatives,  which:  (i) shall  include  documentation  of  each  designated  personal caregiving visitor in the facility records; (ii) shall include procedures to ensure that the preferences of the resident  regarding  the  designation  of  a personal  caregiving  visitor  are  respected; and (iii) may include, in appropriate  circumstances,  requiring  a  health   or   mental   health professional licensed or certified under the education law to state that the  personal  caregiving  will  substantially  benefit  the  resident's mental, physical, or social well-being. A nursing home shall not require that the health professional be affiliated with such nursing home;  (c) set forth procedures for changing a  personal  caregiving  visitor designation;  (d)  provide  that  a resident shall be entitled to designate at least two personal caregiving visitors;  (e) provide that personal caregiving visitors  shall  be  exempt  from prohibitions  on  visiting  residents  at  nursing homes, subject to the limitations and requirements of this section;  (f) set forth the  circumstances  under  which  visiting  by  personal caregiving visitors may be temporarily limited or suspended at a nursing home  to protect the health, safety and welfare of residents, including, but not limited to, local infection rates,  temporary  inadequate  staff capacity, or an acute emergency situation;  (g)  require,  at  a  minimum,  that  all personal caregiving visitors follow safety protocols which may include, but need not be limited to:  (i) testing for communicable diseases;  (ii) checking body temperature upon entry into the nursing home;  (iii) health screenings upon entry into the nursing home;  (iv) appropriate use of personal protective equipment;  (v)  social distancing (except as necessary for personal caregiving by the personal caregiving visitor for the resident); and  (vi) any other requirement the department deems appropriate;  (h) set forth standards  for  frequency  and  duration  of  visits  by personal caregiving visitors at nursing homes;  (i)  set  forth  standards  for  limiting the total number of personal caregiving visitors for a resident and/or limiting the total  number  of personal  caregiving visitors allowed to visit a nursing home at any one time based on the circumstances of the residents and the nursing home;  (j) require personal caregiving and  compassionate  caregiving  to  be documented  in the resident's individualized comprehensive plan of care; and  (k) make appropriate provisions for compassionate caregiving.   4.  The  department  shall  post  the  requirements  consistent   with regulations,  on  its  website,  including  any  requirements as to time periods and region.   5. This section does not require the  medical  assistance  program  to cover   personal   caregiving   or  compassionate  caregiving  and  such caregiving shall not be reimbursed under the medical assistance program.   6. This section does not relieve any nursing  home,  or  nursing  home operator  or  administrator, of any obligation or responsibility imposed by any other applicable law or regulation.   7. Nothing in this section shall be construed to limit access  by  any visitor to a facility that would otherwise be permitted under federal or state law or regulation.