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

New York Assembly Bill 8572 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8572

                               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

        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. Section 2801-h of the public  health  law,  as  amended  by
     2  chapter 108 of the laws of 2021, is amended to read as follows:
     3    §  2801-h. Personal caregiving visitors for nursing home residents and
     4  general hospital patients during public health emergencies. 1.  As  used
     5  in this section, the following terms have the following meanings:
     6    (a) "personal caregiving visitor" means a family member, close friend,
     7  or legal guardian of a resident or patient designated by the resident or
     8  patient  or  the  [resident's] lawful representative of such resident or
     9  patient to assist with personal caregiving or  compassionate  caregiving
    10  for the resident or patient;
    11    (b)  "personal  caregiving"  means  care  and support of a resident or
    12  patient by a personal caregiving visitor that  is  provided  to  benefit
    13  [such  resident's]  the  mental,  physical, or social well-being of such
    14  resident or patient;
    15    (c) "compassionate  caregiving"  means  personal  caregiving  that  is
    16  provided in anticipation of the end of a resident's or patient's life or
    17  in  the  instance  of significant mental, physical, or social decline or
    18  crisis of a resident or patient;
    19    (d) "resident" means a resident of a nursing home; in  relation  to  a
    20  personal  caregiving  visitor, "resident" means the resident to whom the
    21  personal caregiving visitor has been designated to assist with  personal
    22  caregiving or compassionate caregiving; [and]
    23    (e)  "patient" means a patient of a general hospital; in relation to a
    24  personal caregiving visitor, "patient" means the  patient  to  whom  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13522-01-1

        A. 8572                             2

     1  personal  caregiving visitor has been designated to assist with personal
     2  caregiving or compassionate caregiving; and
     3    (f) "visit" includes assisting with personal caregiving or compassion-
     4  ate caregiving for a resident or patient.
     5    2. During a public health emergency declared under section twenty-four
     6  or  section  twenty-eight of the executive law personal caregiving visi-
     7  tors may visit residents of nursing homes or patients of general  hospi-
     8  tals,  in  compliance  with  federal law and regulations and state regu-
     9  lations made under this section. Nursing  homes  and  general  hospitals
    10  shall  admit  any  personal caregiving visitor who is in compliance with
    11  applicable requirements under this section.
    12    3. The commissioner shall make regulations under  this  section  which
    13  shall:
    14    (a)  require  nursing  homes  and  general hospitals to allow personal
    15  caregiving visitors to visit  residents  or  patients  subject  to  this
    16  section;
    17    (b)  set  forth  procedures for the designation of personal caregiving
    18  visitors by residents or patients or [resident's] the  lawful  represen-
    19  tatives of such residents or patients, which: (i) shall include documen-
    20  tation  of  each  designated personal caregiving visitor in the facility
    21  records; (ii) shall include procedures to ensure that the preferences of
    22  the resident or patient regarding the designation of a personal caregiv-
    23  ing visitor are respected; and (iii) may include, in appropriate circum-
    24  stances, requiring a health or mental health  professional  licensed  or
    25  certified  under the education law to state that the personal caregiving
    26  will substantially benefit the [resident's] mental, physical, or  social
    27  well-being of such resident or patient. A nursing home or general hospi-
    28  tal  shall  not  require that the health professional be affiliated with
    29  such nursing home or general hospital;
    30    (c) set forth procedures for changing a  personal  caregiving  visitor
    31  designation;
    32    (d)  provide that a resident or patient shall be entitled to designate
    33  at least two personal caregiving visitors;
    34    (e) provide that personal caregiving visitors  shall  be  exempt  from
    35  prohibitions  on  visiting  residents  or  patients at nursing homes and
    36  general hospitals, subject to the limitations and requirements  of  this
    37  section;
    38    (f) set forth the circumstances under which visiting by personal care-
    39  giving  visitors  may  be  temporarily limited or suspended at a nursing
    40  home or general hospital to protect the health, safety  and  welfare  of
    41  residents  and  patients, including, but not limited to, local infection
    42  rates, temporary inadequate staff capacity, or an acute emergency  situ-
    43  ation;
    44    (g)  require,  at  a  minimum,  that  all personal caregiving visitors
    45  follow safety protocols which may include, but need not be limited to:
    46    (i) testing for communicable diseases;
    47    (ii) checking body temperature upon entry into  the  nursing  home  or
    48  general hospital;
    49    (iii)  health  screenings  upon entry into the nursing home or general
    50  hospital;
    51    (iv) appropriate use of personal protective equipment;
    52    (v) social distancing (except as necessary for personal caregiving  by
    53  the personal caregiving visitor for the resident or patient); and
    54    (vi) any other requirement the department deems appropriate;
    55    (h)  set  forth  standards  for  frequency  and  duration of visits by
    56  personal caregiving visitors at nursing homes or general hospitals;

        A. 8572                             3

     1    (i) set forth standards for limiting  the  total  number  of  personal
     2  caregiving  visitors for a resident or patient and/or limiting the total
     3  number of personal caregiving visitors allowed to visit a  nursing  home
     4  or  general  hospital  at any one time based on the circumstances of the
     5  residents or patients and the nursing home or general hospital;
     6    (j)  require  personal  caregiving  and compassionate caregiving to be
     7  documented in the resident's or patient's  individualized  comprehensive
     8  plan of care; and
     9    (k) make appropriate provisions for compassionate caregiving.
    10    4.  The  department  shall post the requirements consistent with regu-
    11  lations, on its website, including any requirements as to  time  periods
    12  and region.
    13    5.  This  section  does  not require the medical assistance program to
    14  cover personal caregiving or compassionate caregiving and such  caregiv-
    15  ing shall not be reimbursed under the medical assistance program.
    16    6.  This  section  does  not relieve any nursing home, or nursing home
    17  operator or administrator, of any obligation or  responsibility  imposed
    18  by any other applicable law or regulation.
    19    7.  Nothing  in this section shall be construed to limit access by any
    20  visitor to a facility that would otherwise be permitted under federal or
    21  state law or regulation.
    22    § 2. This act shall take effect on the forty-fifth day after it  shall
    23  have become a law. Effective immediately, the addition, amendment and/or
    24  repeal  of  any  rule  or regulation necessary for the implementation of
    25  this act on its effective date are authorized to be made  and  completed
    26  on or before such date.