Bill Text: NY A08572 | 2021-2022 | General Assembly | Amended

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Bill Title: Provides for regulations to require general hospitals to allow personal caregiving visitors for patients.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-16 - REFERRED TO HEALTH [A08572 Detail]

Download: New_York-2021-A08572-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8572--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2021
                                       ___________

        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Health -- recommitted to the Committee on Health in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law, in relation to personal  caregiv-
          ing visitors for general hospital patients

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

     1    Section 1. Subdivision 1 of section 2803 of the public health  law  is
     2  amended by adding a new paragraph (g-1) to read as follows:
     3    (g-1) Consistent with paragraph (g) of this subdivision, the statement
     4  of the rights and responsibilities of patients shall provide that during
     5  a  public health emergency declared under section twenty-four or section
     6  twenty-eight of the executive law patients have a right to  designate  a
     7  family member, lawful representative, or next friend as a personal care-
     8  giving  visitor who may visit the patient in compliance with federal law
     9  and regulations and state regulations made  under  this  paragraph.  The
    10  commissioner  shall  promulgate  regulations  under this paragraph which
    11  shall:
    12    (i) require general hospitals to allow personal caregiving visitors to
    13  visit patients subject to this paragraph;
    14    (ii) set forth procedures for the designation of  personal  caregiving
    15  visitors  by  a  patient or such patient's lawful representative, which:
    16  (A) shall include documentation of each designated  personal  caregiving
    17  visitor  in the facility records; (B) shall include procedures to ensure
    18  that the preferences of the  patient  regarding  the  designation  of  a
    19  personal  caregiving  visitor  are  respected;  and  (C) may include, in
    20  appropriate circumstances, requiring a health or mental  health  profes-
    21  sional  licensed  or certified under the education law to state that the
    22  personal caregiving will substantially  benefit  the  patient's  mental,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13522-02-2
        A. 8572--A                          2

     1  physical,  or  social  well-being.  A general hospital shall not require
     2  that the health professional be affiliated with such general hospital;
     3    (iii)  set forth procedures for changing a personal caregiving visitor
     4  designation;
     5    (iv) provide that a patient shall be entitled to  designate  at  least
     6  two personal caregiving visitors;
     7    (v)  provide  that  personal  caregiving visitors shall be exempt from
     8  prohibitions on visiting patients at general hospitals, subject  to  the
     9  limitations and requirements of this section;
    10    (vi)  set  forth  the  circumstances  under which visiting by personal
    11  caregiving visitors may be temporarily limited or suspended at a general
    12  hospital to protect the health, safety and welfare of patients,  includ-
    13  ing,  but  not  limited  to, local infection rates, temporary inadequate
    14  staff capacity, or an acute emergency situation;
    15    (vii) require, at a minimum, that  all  personal  caregiving  visitors
    16  follow safety protocols which may include, but need not be limited to:
    17    (A) testing for communicable diseases;
    18    (B) checking body temperature upon entry into the general hospital;
    19    (C) health screenings upon entry into the general hospital;
    20    (D) appropriate use of personal protective equipment;
    21    (E)  social distancing, except as necessary for personal caregiving by
    22  the personal caregiving visitor for the patient; and
    23    (F) any other requirement the department deems appropriate;
    24    (viii) set forth standards for frequency and  duration  of  visits  by
    25  personal caregiving visitors at general hospitals; and
    26    (ix)  set  forth  standards  for limiting the total number of personal
    27  caregiving visitors for a patient and/or limiting the  total  number  of
    28  personal  caregiving visitors allowed to visit a general hospital at any
    29  one time based on the circumstances of  the  patients  and  the  general
    30  hospital.
    31    §  2. This act shall take effect on the forty-fifth day after it shall
    32  have become a law. Effective immediately, the addition, amendment and/or
    33  repeal of any rule or regulation necessary  for  the  implementation  of
    34  this  act  on its effective date are authorized to be made and completed
    35  on or before such date.