New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.18 - Personal and Compassionate Caregiving Visitation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section shall apply to all adult
		    care facilities, including every adult care facility regulated pursuant to
		    Parts 487, 488 and 490 of this Title and Part 1001 of Title 10 of the
		    NYCRR.
(b) Subject to the
		    resident's right to deny or withdraw consent at any time, all adult care
		    facilities must provide immediate access to any resident of visitors of their
		    choice, including but not limited to immediate family or other relatives of the
		    resident and any others who are visiting with the consent of the resident.
		    Provided, however, that the facility may establish policies and procedures to
		    establish reasonable restrictions on such visitation, including but not limited
		    to: setting forth visitation hours; denying access to any visitor suffering
		    from a communicable disease; terminating visitation with any visitor causing a
		    threat to the health or safety of any resident; and setting a cap on the number
		    of visitors allowed in the facility at any one time. Any such restrictions or
		    limitations on visitation shall be communicated in writing to
		    residents.
(c) Personal caregiving
		    visitors.
(1) During a public health emergency
		    declared under section twenty-four or section twenty eight  of the executive
		    law, the facility must continue to allow residents to access their designated
		    personal caregiving visitors, as defined in subdivision (1) of section 2801-h  of the Public Health Law,
		    notwithstanding any restrictions or prohibitions relating to residential health
		    care facility visitation resulting from the declared public health emergency,
		    subject to the following restrictions:
(i) If
		    a facility has reasonable cause to believe that a resident will not benefit
		    from accessing their designated personal caregiving visitors, and such
		    reasoning has been documented in the resident's case management record, a
		    facility may require a health or mental health professional duly licensed or
		    certified in New York State under the Education Law, and who is not associated
		    with the facility, including but not limited to a physician, registered nurse,
		    licensed clinical social worker, psychologist, or psychiatrist, to provide a
		    written statement that the personal caregiving will substantially benefit the
		    resident's quality of life, including a statement from such medical provider
		    that the personal caregiving visitation will enhance the resident's mental,
		    physical, or psychosocial well-being, or any additional criteria evidencing a
		    benefit to quality of life as determined by the Department. Such written
		    statements shall be maintained in the resident's case management
		    record.
(ii) Notwithstanding any
		    provision of this paragraph, a facility may temporarily suspend or limit
		    personal caregiving visitors to protect the health, safety and welfare of
		    residents, if: the declared public health emergency is related to a
		    communicable disease and the Department determines that local infection rates
		    are at a level that presents a serious risk of transmission of such
		    communicable disease within local facilities; the facility is experiencing
		    temporary inadequate staffing and has reported such staffing shortage to the
		    Department of Health any other State or federal agencies as required by law,
		    regulation, or other directive; or an acute emergency situation exists at the
		    facility, including loss of heat, loss of elevator service, or other temporary
		    loss of an essential service. Provided, however, that in the event a facility
		    suspends or limits personal caregiving visitation pursuant to this
		    subparagraph, the facility shall notify residents, all designated personal
		    caregiving visitors, and the applicable Department regional office of such
		    suspension or limitation and the duration thereof within twenty-four hours of
		    implementing the visitation suspension or limitation. Additionally, for each
		    day of the suspension or limitation, the facility shall document the specific
		    reason for the suspension or limitation in their administrative records. The
		    facility shall further provide a means for all residents to engage in remote
		    visitation with their designated personal caregiving visitor(s), including but
		    not limited to phone or video calls, until such time that the suspension or
		    limitation on personal caregiving visitation has ended.
(iii) Notwithstanding any provision of this
		    paragraph, a facility may also prohibit a personal caregiving visitor from
		    entering if the facility has reasonable cause to believe that permitting the
		    personal caregiving visitor to meet with the resident is likely to pose a
		    threat of serious physical, mental, or psychological harm to such resident. In
		    the event the facility determines that denying such personal caregiving visitor
		    access to the resident is in the resident's best interests pursuant to this
		    subparagraph, the facility must document the date of and reason for visitation
		    refusal in the resident's case management record, and on the same date of the
		    refusal the facility shall communicate its decision to the resident and their
		    designated representative. Further, a facility may refuse access to or remove
		    from the premises any personal caregiving visitor who is causing or reasonably
		    likely to cause physical injury to any facility resident or
		    personnel.