NY Soc Serv L § 461-U (2021)
2021 New York Laws SOS - Social Services Article 7 - Residential Care Programs for Adults and Children Title 2 - Residential Programs for Adults 461-U - Personal Caregiving Visitors for Residents of Adult Care Facilities During Public Health Emergencies.

§  461-u.  Personal  caregiving  visitors  for residents of adult care facilities 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 an adult care facility; in relation to a personal caregiving visitor, "resident" means the resident to  whom a  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 adult  care  facilities,  in  compliance with  federal  law and regulations and state regulations made under this section. Adult care  facilities  shall  admit  any  personal  caregiving visitor  who  is  in  compliance with applicable requirements under this section.   3. The commissioner of the department responsible for the licensure or certification  for  each  type  of  adult  care  facility   shall   make regulations for such type under this section which shall:  (a)  require  adult  care  facilities  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. An adult care facility shall not require  that  a health or mental health professional be affiliated with such adult care facility;  (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 adult care facilities, 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 an adult care facility 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  adult  care facility;  (iii) health screenings upon entry into the adult care facility;  (iv) appropriate use of personal protective equipment;  (v) social distancing (except as necessary for personal caregiving  by the personal caregiving visitor for a resident); and  (vi)   any   other   requirement  the  respective  commissioner  deems appropriate;  (h) set forth standards  for  frequency  and  duration  of  visits  by personal caregiving visitors at adult care facilities;  (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 an adult care facility at any one time based on the circumstances of the residents and  the  adult care facility;  (j)  require  personal  caregiving  and compassionate caregiving to be documented in the resident's case management notes; and  (k) make appropriate provisions for compassionate caregiving.   4. The respective commissioners shall post the requirements consistent with regulations, on their 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 facility licensed under this article, or any facility operator, 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.