Bill Text: NY S09874 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to access to nursing home residents by essential caregivers; establishes safety protocols and appeals processes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-07-15 - REFERRED TO RULES [S09874 Detail]
Download: New_York-2023-S09874-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9874 IN SENATE July 15, 2024 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to requiring nursing homes to permit essential caregivers access during any period in which regular visitation is restricted 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 2831 to read as follows: 3 § 2831. Essential caregivers act. 1. Within ninety days of the effec- 4 tive date of this section, every nursing home shall provide access to 5 essential caregivers during periods when visitation is otherwise 6 restricted by order of a federal, state, or local authority or by other 7 operation of law. 8 2. For the purposes of this subdivision, the term "essential caregiv- 9 er" shall mean, with respect to a resident of a nursing home, an indi- 10 vidual who: 11 (a) is designated by or on behalf of the resident pursuant to subdivi- 12 sions three or four of this section; and 13 (b) will provide assistance to such resident, which may include 14 assistance with activities of daily living or providing emotional 15 support or companionship to such resident. 16 3. Every nursing home shall allow each resident of such facility to: 17 (a) designate and have access to essential caregivers for such resi- 18 dent at all times, including during any period in which regular visita- 19 tion is restricted by order of a federal, state, or local authority or 20 by other operation of law; and 21 (b) amend such designation at any time. 22 4. Where a resident is unable, by reason of physical or mental disa- 23 bility, to make an election described in subdivision two of this 24 section, the resident representative for such resident shall be permit- 25 ted to make such designation for such resident. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15434-01-4S. 9874 2 1 5. During a period in which regular visitation is restricted by order 2 of a federal, state, or local authority or by other operation of law, a 3 nursing home shall: 4 (a) not deny in-person access to a resident by an essential caregiver 5 except as provided in this section; 6 (b) allow at least one essential caregiver to have access to and 7 provide assistance to such resident at such facility every day and at 8 any time; and 9 (c) enforce all safety protocols with respect to essential caregivers. 10 6. (a) No essential caregiver who complies with all safety protocols 11 and other safety rules with respect to essential caregivers shall be 12 denied access to the nursing home of the resident involved. 13 (b) An essential caregiver shall agree to comply with all safety 14 protocols and other rules established by such facility, which shall be 15 clearly specified in writing and may be more restrictive than the safety 16 protocols (including safety standards and entry requirement) applicable 17 to staff of such facility. 18 (c) If an essential caregiver fails to comply with any safety proto- 19 cols of a facility, such facility must first provide a warning to the 20 essential caregiver and the resident, in writing, citing specific issues 21 of non-compliance and providing clear guidance for corrective measures. 22 (d) If an essential caregiver or resident, after receiving a notifica- 23 tion of non-compliance described in paragraph (c) of this subdivision, 24 fails to take corrective action, the essential caregiver may subsequent- 25 ly be denied access to the resident. In such cases, the facility shall 26 provide to such caregiver and such resident (or health care proxy of 27 such resident), not later than twenty-four hours after such denial of 28 access occurs, a written explanation as to why such caregiver was denied 29 access to such resident. Such explanation must include the resident's 30 and caregiver's options for appeal under the processes established under 31 subdivision seven of this section. 32 7. (a) The commissioner shall establish a process for residents and 33 caregivers to appeal denials of access. 34 (b) The department shall: 35 (i) receive appeals from residents and essential caregivers challeng- 36 ing a decision by a nursing home to deny access under subdivision six of 37 this section; and 38 (ii) investigate all such appeals within forty-eight hours of receipt. 39 (c) Upon appeal of a denial of access, the nursing home shall have the 40 burden of establishing that the essential caregiver violated any proto- 41 cols applicable to an essential caregiver. 42 (d) The department shall make a determination as to whether a nursing 43 home violated a requirement or prohibition of this subdivision within 44 forty-eight hours of commencing its investigation. If the agency deter- 45 mines that a facility has violated the provisions of this section, the 46 department shall: 47 (i) require the facility to allow immediate access to the essential 48 caregiver in question; 49 (ii) require the facility to establish a corrective action plan to 50 prevent the recurrence of such violation within a seven-day period of 51 receiving notice from the agency; and 52 (iii) impose a civil monetary penalty in an amount to be determined by 53 the agency (not to exceed five thousand dollars) if such facility fails 54 to implement the corrective action plan within the seven-day period 55 specified in subparagraph (ii) of this paragraph. 56 § 2. This act shall take effect immediately.
