Bill Text: NY A01070 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides a patient of a residential health care facility essential caregiver visitation during COVID-19 to provide essential care to such patient.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-01-05 - referred to health [A01070 Detail]
Download: New_York-2021-A01070-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1070 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. BUTTENSCHON, SALKA, SANTABARBARA, WALSH -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to providing a patient of a residential health care facility essential caregiver visitation during the COVID-19 state disaster emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2801-h to read as follows: 3 § 2801-h. Essential caregiver visitation during COVID-19. 1. The 4 following words or phrases, as used in this section, shall have the 5 following meanings, unless the context otherwise requires: 6 (a) "Resident" shall mean a patient residing at a residential health 7 care facility. 8 (b) "Essential caregiver" shall mean an individual or individuals 9 designated by a resident as their primary caregiver to aid and provide 10 care for such resident. 11 (c) "Primary caregiver" shall mean an individual or individuals who 12 regularly visited, prior to COVID-19, a resident to aid and provide care 13 to such resident. 14 (d) "Regularly visit" shall mean an individual or individuals who 15 visits a resident of residential health care facility at least twice a 16 week. If more than one individual is providing aid and care to a resi- 17 dent, such visitation days may be split among the individuals. 18 (e) "The novel coronavirus pandemic (COVID-19)" shall refer to the 19 period of the state of emergency declared by executive order two hundred 20 two on March seventh, two thousand twenty in response to the outbreak of 21 the novel coronavirus. 22 (f) "Phase zero" shall mean a residential health care facility with a 23 currently active outbreak of the novel coronavirus. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02245-01-1A. 1070 2 1 (g) "Phase one" shall mean a residential health care facility who 2 never had an outbreak of the novel coronavirus or who has concluded an 3 outbreak of the novel coronavirus and fourteen days have passed since 4 the region such facility is located has moved into phase one of reopen- 5 ing pursuant to the New York forward initiative as a response to COVID- 6 19. 7 (h) "Phase two" shall mean a residential health care facility who 8 never had an outbreak of the novel coronavirus or who has concluded an 9 outbreak of the novel coronavirus and fourteen days have passed since 10 the region such facility is located has moved into phase two of reopen- 11 ing pursuant to the New York forward initiative as a response to COVID- 12 19. 13 (i) "Phase three" shall mean a residential health care facility who 14 never had an outbreak of the novel coronavirus or who has concluded an 15 outbreak of the novel coronavirus and fourteen days have passed since 16 the region such facility is located has moved into phase three of 17 reopening pursuant to the New York forward initiative as a response to 18 COVID-19. 19 2. A resident may receive essential caregiver visitation during 20 COVID-19, unless such resident: 21 (i) is in a fourteen-day quarantine period for testing positive for 22 the novel coronavirus and has not yet met the criteria for the discon- 23 tinuation of the isolation; or 24 (ii) the resident is symptomatic with symptoms related to the novel 25 coronavirus. 26 3. Visitation by an essential caregiver during COVID-19 shall be 27 utilized to provide a resident with care in the same manner as prior to 28 COVID-19. Such care shall include, but not be limited to assisting a 29 resident with feeding, hygiene, mobility, dressing, emotional support, 30 medication, communicating with the residential health care facility 31 staff regarding the needs of such resident, reporting any suspected 32 abuse or neglect on behalf of such resident or requesting additional 33 care or a change in the current care plan if necessary. 34 4. The residential health care facility's administrative director in 35 consultation with the director of nursing, director of social services 36 and any other necessary facility staff, shall develop policies and 37 establish procedures for how to designate and utilize essential caregiv- 38 ers during COVID-19. 39 5. A resident shall consult with the necessary residential health care 40 facility staff to determine and designate a primary caregiver to be such 41 resident's essential caregiver. Such determination shall take into 42 consideration: 43 (a) who the resident desires as a primary caregiver; 44 (b) the resident's unique situation; and 45 (c) the past involvement of the potential primary caregiver with such 46 resident. 47 6. The residential health care facility shall work with a designated 48 essential caregiver to establish a schedule to accommodate the essential 49 caregiver's schedule and meet the needs of the resident. Such schedule 50 shall take into consideration the number of essential caregivers in the 51 residential health care facility at the same time and which phase the 52 residential health care facility has obtained. A residential health care 53 facility in phase zero shall allow an essential caregiver to schedule 54 one visit per week not to exceed a total of two hours per week. A resi- 55 dential health care facility in phase one or phase two shall allow an 56 essential caregiver to schedule up to two visits per week not to exceedA. 1070 3 1 a total of four hours per week. A residential health care facility in 2 phase three shall allow scheduling of an essential caregiver under such 3 facilities regular procedures for visitation. Residential health care 4 facility may establish time limits as needed to keep residents of such 5 facility safe. 6 7. Residential health care facilities shall create and implement 7 procedures to ensure essential caregiving visits are conducted as safely 8 as possible and shall include but not be limited to infection control 9 practices, hand washing procedures, and utilizing personal protective 10 equipment. 11 8. A resident shall have the right to designate a secondary caregiver 12 and an alternative caregiver. The secondary caregiver shall provide 13 essential caregiving in the event the primary caregiver is unable to 14 provide their services to such resident. The alternative caregiver shall 15 be able to provide care to a resident if the primary caregiver and the 16 secondary caregiver are unable to provide their services to such resi- 17 dent. The primary caregiver shall provide notice to the residential 18 health care facility either by telephone or in writing, when they are 19 unable to attend a scheduled visit with a resident and will be designat- 20 ing either the secondary caregiver or the alternative caregiver to 21 provide care to such resident in their absence. 22 § 2. This act shall take effect immediately.