Bill Text: NY A06939 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes patients to designate an essential visitor who may assist the patient and perform certain duties on behalf of the patient, including communicating with facility staff regarding the needs of the patient, providing emotional stability and company, and requesting additional care or a change in the care plan.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A06939 Detail]

Download: New_York-2021-A06939-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6939

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 14, 2021
                                       ___________

        Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
          Committee on Health

        AN ACT to amend the  public  health  law,  in  relation  to  authorizing
          patients  to designate an essential visitor who may assist the patient
          and perform certain duties on behalf of the patient

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 2801 of the public health law is amended by adding
     2  a new subdivision 12 to read as follows:
     3    12. "Essential visitor" shall mean a family member, attorney in  fact,
     4  health  care  proxy  or other individual designated by a patient who has
     5  been admitted to the hospital for more than two days  and  who  provides
     6  emotional  and  physical  support  and  assistance  to the patient. Such
     7  assistance may include: help with eating  and  dressing  when  staff  is
     8  unavailable,  providing  emotional  support  due to lack of contact with
     9  individuals outside of the hospital, and communicating  patients'  needs
    10  to staff when necessary.
    11    §  2.  Subdivision  3  of  section  2803-c of the public health law is
    12  amended by adding a new paragraph s to read as follows:
    13    s. Every patient shall have the right to designate one  individual  as
    14  an  essential  visitor  who  shall  act  as an advocate for the patient.
    15  Duties of the essential visitor shall include, but not  be  limited  to,
    16  communicating  with  facility  staff regarding the needs of the patient,
    17  providing emotional stability and company for the patient while staff is
    18  unavailable, and requesting additional care or a change in  the  current
    19  care plan if necessary.
    20    §  3.  Section  2803-c of the public health law is amended by adding a
    21  new subdivision 6 to read as follows:
    22    6. a. Any individual designated as an essential  visitor  pursuant  to
    23  this  section  shall  be permitted unrestricted access and visitation to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10768-01-1
        A. 6939                             2

     1  the resident at the hospital in which such patient is residing in  order
     2  to provide the necessary aid described pursuant to this section.
     3    b.  Nothing  in  this  section shall prevent a facility from requiring
     4  precautionary measures be taken by essential visitors  prior  to  admit-
     5  tance  or  denying entry to an essential visitor based on non-compliance
     6  with precautionary procedures. Precautionary measures may  include,  but
     7  are  not  limited  to, screenings for potential diseases or viruses that
     8  may be brought into the facility and  requiring  essential  visitors  to
     9  supply their own personal protective equipment.
    10    § 4. This act shall take effect immediately.