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Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities
(D, WF) 48th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Mar 29, 2021 | approval memo.3 signed chap.89 |
| Mar 17, 2021 | delivered to governor |
| Mar 03, 2021 | returned to senate passed assembly ordered to third reading cal.85 substituted for a1052b |
| Feb 22, 2021 | referred to health delivered to assembly passed senate ordered to third reading cal.348 committed to rules |
| Feb 10, 2021 | 2nd report cal. amended 614b |
| Feb 09, 2021 | 1st report cal.348 |
| Jan 15, 2021 | print number 614a |
| Jan 15, 2021 | amend (t) and recommit to health |
| Jan 06, 2021 | referred to health |
(D, WF) Senate District
(D, WF) 47th Senate District
See Assembly Version of this Bill: A1052 Law Section: Public Health Law Laws Affected: Add §2801-h, Pub Health L; add §461-u, Soc Serv L Versions Introduced in 2019-2020 Legislative Session: S8958
Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
BILL NUMBER: S614 SPONSOR: MAY TITLE OF BILL: An act to amend the public health law, in relation to personal care visitors for residents of nursing homes and residential health care facilities PURPOSE: This bill authorizes the Department of Health to develop regulations to allow personal care visitation, for the provision of routine care and support, and for compassionate care, for the provision of short-term emergency care and support, by family members and legal guardians of residents of nursing homes and other residential health care facilities. SUMMARY OF PROVISIONS: Section 1: Adds a new section 2801-h to the public health law. This section requires the department of health to develop rules, regulations,
and guidelines to allow personal care visitors at nursing homes and residential health care facilities. Defines personal care as care and support provided to such resident by a family member or legal guardian to a resident that is important to the mental, physical, or social well- being for such resident and is determined as necessary by a medical or mental health professional. These guidelines will include that facili- ties are required to allow such visitation, procedures for designating a visitor with support from a medical or mental health professional, set forth procedures on changing such designation, require waiving liabil- ity, limits such designation to only one caregiver per resident, exempts such visitors from general prohibitions on visitation, set forth the circumstances under which such visitation may be suspended or limited, establish safety protocols for such visitors, sets forth frequency and duration of visitation, and sets forth the total number of such visitors allowed in a facility at any one time. Section 2: Section 2: adds a new section 2801-i to the public health law. This section requires the department of health to develop rules, regulations, and guidelines to allow compassionate care visitors at nursing homes and residential health care facilities. Defines compas- sionate care as short-term care and support provided by a family member or legal guardian to a resident that is important for such resident's well-being during critical situations such as end-of-life or in the instance of significant mental or social decline. Establishes that, at minimum, regulation for compassionate care visitation will require visi- tors to follow safety protocols similar to those of staff or personal care visitors and that all compassionate care visitors shall be restricted to one room for purposes of visitation. JUSTIFICATION: FISCAL IMPACT: None. LEGISLATIVE HISTORY: 2019-2020 - S.8958 (May) Referred to Rules /A.11075 (Bronson) Referred to Health EFFECTIVE DATE: Immediately.
S T A T E O F N E W Y O R K ________________________________________________________________________ 614 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to personal care visitors for residents of nursing homes and residential health care facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2801-h to read as follows: § 2801-H. PERSONAL CARE VISITORS FOR RESIDENTS OF NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES. 1. AS USED IN THIS SECTION, THE TERM: (A) "RESIDENT" MEANS A PERSON WHO IS A RESIDENT OF A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY; (B) "PERSONAL CARE VISITOR" MEANS A FAMILY MEMBER OR LEGAL GUARDIAN OF A RESIDENT DESIGNATED BY THE RESIDENT OR LEGAL REPRESENTATIVE OF THE RESIDENT TO PROVIDE PERSONAL CARE FOR SUCH RESIDENT; (C) "PERSONAL CARE" MEANS CARE AND SUPPORT PROVIDED BY A FAMILY MEMBER OR LEGAL GUARDIAN THAT IS IMPORTANT TO THE MENTAL, PHYSICAL, OR SOCIAL WELL-BEING FOR SUCH RESIDENT; (D) "NURSING HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI- VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE; (E) "RESIDENTIAL HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE; AND (F) "LEGAL REPRESENTATIVE" MEANS A LEGAL GUARDIAN OR A LEGALLY APPOINTED SUBSTITUTE DECISION-MAKER WHO IS AUTHORIZED TO ACT ON BEHALF OF A RESIDENT. 2. THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO DEVELOP RULES, REGU- LATIONS AND GUIDELINES AUTHORIZING AND REGULATING THE VISITATION OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD04858-01-1 S. 614 2 PERSONAL CARE VISITORS AT NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES. SUCH RULES, REGULATIONS AND GUIDELINES SHALL: (A) REQUIRE NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES TO ALLOW VISITATION BY PERSONAL CARE VISITORS SUBJECT TO THE PROVISIONS OF THIS SECTION; (B) SET FORTH PROCEDURES FOR THE DESIGNATION OF PERSONAL CARE VISITORS BY RESIDENTS AND LEGAL REPRESENTATIVES INCLUDING REQUIRING A MEDICAL OR MENTAL HEALTH PROFESSIONAL TO MAKE A DETERMINATION THAT SUCH PERSONAL CARE VISITOR IS NECESSARY. SUCH DETERMINATION MAY BE MADE BY A MEDICAL OR MENTAL HEALTH PROFESSIONAL NOT AFFILIATED WITH A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY; (C) SET FORTH PROCEDURES FOR CHANGING A PERSONAL CARE VISITOR DESIG- NATION; (D) REQUIRE THAT PERSONAL CARE VISITORS WAIVE LIABILITY AGAINST A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY FOR EXPOSURE TO COVID- 19; (E) PROVIDE THAT A RESIDENT MAY DESIGNATE NO MORE THAN ONE PERSONAL CARE VISITOR; (F) PROVIDE THAT PERSONAL CARE VISITORS SHALL BE EXEMPT FROM ANY PROHIBITIONS ON VISITATION AT A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY, SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH IN THIS SUBDIVISION; (G) SET FORTH THE CIRCUMSTANCES UNDER WHICH VISITATION BY PERSONAL CARE VISITORS AT NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES MAY BE LIMITED, SUSPENDED OR TERMINATED INCLUDING, BUT NOT LIMITED TO, LOCAL INFECTION RATES AND HEALTH CARE CAPACITY; (H) REQUIRE, AT A MINIMUM, THAT ALL PERSONAL CARE VISITORS FOLLOW SAFETY PROTOCOLS REQUIRED FOR NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES' STAFF, INCLUDING, BUT NOT LIMITED TO: (I) TESTING FOR COMMUNICABLE DISEASES; (II) CHECKING BODY TEMPERATURE; (III) HEALTH SCREENINGS; (IV) THE APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT; (V) SOCIAL DISTANCING; AND (VI) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE; (I) SET FORTH FREQUENCY OF VISITATION AND DURATION OF VISITS BY PERSONAL CARE VISITORS AT NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES; AND (J) SET FORTH THE TOTAL NUMBER OF PERSONAL CARE VISITORS ALLOWED TO VISIT A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY AT ANY ONE TIME. § 2. The public health law is amended by adding a new section 2801-i to read as follows: § 2801-I. COMPASSIONATE CARE VISITATION FOR RESIDENTS OF NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES. 1. AS USED IN THIS SECTION, THE TERM: (A) "RESIDENT" MEANS A PERSON WHO IS A RESIDENT OF A NURSING HOME OR RESIDENTIAL HEALTH CARE FACILITY; (B) "COMPASSIONATE CARE VISITOR" MEANS A FAMILY MEMBER OR LEGAL GUARD- IAN OF A RESIDENT DESIGNATED BY THE RESIDENT OR LEGAL REPRESENTATIVE OF THE RESIDENT TO PROVIDE COMPASSIONATE CARE FOR SUCH RESIDENT; (C) "COMPASSIONATE CARE" MEANS SHORT-TERM CARE AND SUPPORT PROVIDED BY A FAMILY MEMBER OR LEGAL GUARDIAN THAT IS IMPORTANT TO THE MENTAL, PHYS- ICAL, OR SOCIAL WELL-BEING FOR SUCH RESIDENT DURING CRITICAL SITUATIONS SUCH AS, BUT NOT LIMITED TO, AT THE END OF SUCH RESIDENT'S LIFE OR IN THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OF SUCH RESIDENT; S. 614 3 (D) "NURSING HOME" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI- VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE; (E) "RESIDENTIAL HEALTH CARE FACILITY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE; AND (F) "LEGAL REPRESENTATIVE" MEANS A LEGAL GUARDIAN OR A LEGALLY APPOINTED SUBSTITUTE DECISION-MAKER WHO IS AUTHORIZED TO ACT ON BEHALF OF A RESIDENT. 2. THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO DEVELOP RULES, REGU- LATIONS, AND GUIDELINES AUTHORIZING AND REGULATING THE SHORT-TERM VISI- TATION OF COMPASSIONATE CARE VISITORS AT NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES DURING, BUT NOT LIMITED TO, THE END OF A RESI- DENT'S LIFE, IN THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OF SUCH RESIDENT OR WHEN EXIGENT CIRCUMSTANCES EXIST REGARDING SUCH RESI- DENT. SUCH RULES, REGULATIONS AND GUIDELINES SHALL REQUIRE, AT A MINI- MUM, THAT ALL COMPASSIONATE CARE VISITORS FOLLOW SAFETY PROTOCOLS REQUIRED FOR NURSING HOMES AND RESIDENTIAL HEALTH CARE FACILITIES' STAFF, INCLUDING, BUT NOT LIMITED TO: (A) TESTING FOR COMMUNICABLE DISEASES; (B) CHECKING BODY TEMPERATURE; (C) HEALTH SCREENINGS; (D) THE APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT; (E) SOCIAL DISTANCING; AND (F) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE. 3. ALL COMPASSIONATE CARE VISITORS SHALL BE RESTRICTED TO ONE ROOM TO PROVIDE SUCH COMPASSIONATE CARE TO A RESIDENT. § 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such date.
(D, WF) 33rd Senate District
(D) 42nd Senate District
(D) 15th Senate District
(D, WF) Senate District
View additional co-sponsors
(D, WF) 55th Senate District
(D, WF) 56th Senate District
(R, C) 60th Senate District
(D, WF) 41st Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
See Assembly Version of this Bill: A1052 Law Section: Public Health Law Laws Affected: Add §2801-h, Pub Health L; add §461-u, Soc Serv L Versions Introduced in 2019-2020 Legislative Session: S8958
Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
BILL NUMBER: S614A SPONSOR: MAY TITLE OF BILL: An act to amend the public health law and the social services law, in relation to personal and compassionate caregiving visitors for residents of nursing homes PURPOSE: This bill authorizes the Department of Health to develop regulations to allow personal caregiving visitation, for the provision of routine care and support, and for compassionate caregiving visitation, for the provision of short-term emergency care and support at end of life or other dire circumstances, by family members and legal guardians of resi- dents of nursing homes and other residential health care facilities. SUMMARY OF PROVISIONS: Section 1: Adds a new section 2801-h to the public health law. This
section requires the department of health to develop rules, regulations, and guidelines to allow personal caregiving and compassionate caregiving visitors at nursing homes. Provides definitions for personal and compas- sionate caregiving. These guidelines will include that facilities are required to allow such visitation, procedures for designating a visitor (as needed, with support from a medical or mental health professional), set forth procedures on changing such designation, require waiving liability, limits such designation to two caregivers per resident, exempts such visitors from general prohibitions on visitation, set forth the circumstances under which such visitation may be suspended or limit- ed, establish safety protocols for such visitors, sets forth frequency and duration of visitation, set forth the total number of such visitors allowed in a facility at any one time, and make allowances for compas- sionate caregiving. Section 2: Adds a new section 461-u to the social services law.. This section requires the office of temporary and disability assistance to develop rules, regulations, and guidelines to allow personal caregiving and compassionate caregiving visitors at nursing homes. Provides defi- nitions for personal and compassionate caregiving. These guidelines will include that facilities are required to allow such visitation, proce- dures for designating a visitor (as needed, with support from a medical or mental health professional), set forth procedures on changing such designation, require waiving liability, limits such designation to two caregivers per resident, exempts such visitors from general prohibitions on visitation, set forth the circumstances under which such visitation may be suspended or limited, establish safety protocols for such visi- tors, sets forth frequency and duration of visitation, set forth the total number of such visitors allowed in a facility at any one time, and make allowances for compassionate caregiving. JUSTIFICATION: In an effort to curb outbreaks of the coronavirus among nursing home residents, New York State issued a ban on outside visitation by nones- sential visitors in March 2020. While the ban addressed a real need to limit spread of the virus, it has become apparent that isolation from loved ones presents significant risks of its own to the physical and mental wellbeing of nursing home residents. In many cases, family members prior to the ban regularly provided care for their loved one, assisting with feeding, bathing, dressing, communication and other essential activities of daily living. These family members-some of them on a daily basis for years-functioned as de facto "staff," augmenting the care and support provided by regular staff. We know that nursing home aides are too often stretched thin under the best of circumstances; during the pandemic, their numbers and capacity have been even lower, exacerbating the challenge of adequately meeting residents' needs. Personal care visitation would allow for such care to resume, with the designated caregiver following the same protocols as staff. In addition, this bill would expand on the definition, as conceived by CMS, of "compassionate care visitation," so that facilities allow for visitation not just at end-of-life situations but also in response to a marked decline in a resident's physical, mental or emotional wellbeing. This decline might be indicated by such conditions as depression, increased confusion or cognitive decline, weight loss or various other changes that signify a negative turn in physical or psychosocial health. Such changes are increasingly showing up as side effects of policies that isolate residents from their loved ones for extended periods of time and, in the most serious cases, pose their own risk of morbidity. It is a sad fact that enforced isolation from loved ones has created a whole new set of risks to nursing home residents-in many cases acceler- ating mental and physical decline. Allowing exemptions for personal care visitors and enhanced compassionate care visitation would be a reason- able, pragmatic step toward re-establishing those critical informal channels of care that are so crucial to the wellbeing of nursing home residents. FISCAL IMPACT: None. LEGISLATIVE HISTORY: 2021: S.614 (May) / A.1052 (Bronson) 2019-2020 - S.8958 (May) Referred to Rules /A.11075 (Bronson) Referred to Health EFFECTIVE DATE: 90 days after becoming law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 614--A 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. MAY, BIAGGI, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the social services law, in relation to personal and compassionate caregiving visitors for resi- dents of nursing homes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2801-h to read as follows: § 2801-H. PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS TO NURSING HOME RESIDENTS DURING DECLARED LOCAL OR STATE HEALTH EMERGEN- CIES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOW- ING MEANINGS: (A) "PERSONAL CAREGIVING VISITOR" MEANS A FAMILY MEMBER, CLOSE FRIEND, OR LEGAL GUARDIAN OF A RESIDENT DESIGNATED BY SUCH RESIDENT OR SUCH RESIDENT'S LAWFUL REPRESENTATIVE TO PROVIDE PERSONAL CAREGIVING FOR SUCH RESIDENT, INCLUDING A COMPASSIONATE CAREGIVING VISITOR; (B) "PERSONAL CAREGIVING" MEANS CARE AND SUPPORT OF A RESIDENT BY A PERSONAL CAREGIVING VISITOR THAT IS PROVIDED TO BENEFIT SUCH RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; (C) "COMPASSIONATE CAREGIVING VISITOR" MEANS A PERSONAL CAREGIVING VISITOR PROVIDING COMPASSIONATE CAREGIVING TO A RESIDENT; (D) "COMPASSIONATE CAREGIVING" MEANS PERSONAL CAREGIVING THAT IS PROVIDED IN ANTICIPATION OF THE END OF A RESIDENT'S LIFE OR IN THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OR CRISIS OF A RESI- DENT; (E) "RESIDENT" MEANS A RESIDENT OF A NURSING HOME; IN RELATION TO A PERSONAL CAREGIVING VISITOR, "RESIDENT" MEANS THE RESIDENT TO WHOM THE PERSONAL CAREGIVING VISITOR HAS BEEN DESIGNATED TO PROVIDE PERSONAL CAREGIVING; AND
(F) "VISIT" INCLUDES PROVIDING PERSONAL CAREGIVING TO A RESIDENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04858-02-1 S. 614--A 2 2. PERSONAL CAREGIVING VISITORS MAY VISIT RESIDENTS OF NURSING HOMES, SUBJECT TO THIS SECTION. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION WHICH SHALL: (A) REQUIRE NURSING HOMES TO ALLOW PERSONAL CAREGIVING VISITORS TO VISIT RESIDENTS SUBJECT TO THIS SECTION; (B) SET FORTH PROCEDURES FOR THE DESIGNATION OF PERSONAL CAREGIVING VISITORS BY RESIDENTS OR RESIDENT'S LAWFUL REPRESENTATIVES, WHICH MAY INCLUDE IN APPROPRIATE CIRCUMSTANCES REQUIRING A PHYSICAL OR MENTAL HEALTH PROFESSIONAL TO STATE THAT THE PERSONAL CAREGIVING WILL SUBSTAN- TIALLY BENEFIT THE RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; AN NURSING HOME SHALL NOT REQUIRE THAT THE HEALTH PROFESSIONAL IS AFFIL- IATED WITH SUCH NURSING HOME; (C) SET FORTH PROCEDURES FOR CHANGING A PERSONAL CAREGIVING VISITOR DESIGNATION; (D) PROVIDE THAT A RESIDENT SHALL NOT BE ENTITLED TO DESIGNATE MORE THAN TWO PERSONAL CAREGIVING VISITORS; (E) PROVIDE THAT PERSONAL CAREGIVING VISITORS SHALL BE EXEMPT FROM PROHIBITIONS ON VISITING RESIDENTS AT NURSING HOMES, SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH BY THIS SUBDIVISION; (F) SET FORTH THE CIRCUMSTANCES UNDER WHICH VISITING BY PERSONAL CARE- GIVING VISITORS MAY BE TEMPORARILY LIMITED OR SUSPENDED AT A NURSING HOME, INCLUDING, BUT NOT LIMITED TO, LOCAL INFECTION RATES, TEMPORARY INADEQUATE STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION; (G) REQUIRE, AT A MINIMUM, THAT ALL PERSONAL CAREGIVING VISITORS FOLLOW SAFETY PROTOCOLS REQUIRED FOR NURSING HOME STAFF, INCLUDING, BUT NOT LIMITED TO: (I) TESTING FOR COMMUNICABLE DISEASES; (II) CHECKING BODY TEMPERATURE; (III) HEALTH SCREENINGS; (IV) APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT; (V) SOCIAL DISTANCING (EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING BY THE PERSONAL CAREGIVING VISITOR FOR THE RESIDENT); AND (VI) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE; (H) SET FORTH STANDARDS FOR FREQUENCY AND DURATION OF VISITS BY PERSONAL CAREGIVING VISITORS AT NURSING HOMES; (I) SET FORTH STANDARDS FOR LIMITING THE TOTAL NUMBER OF PERSONAL CAREGIVING VISITORS ALLOWED TO VISIT A NURSING HOME AT ANY ONE TIME; AND (J) MAKE APPROPRIATE PROVISIONS FOR COMPASSIONATE CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS. § 2. The social services law is amended by adding a new section 461-u to read as follows: § 461-U. PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS FOR RESIDENTS OF ADULT CARE FACILITIES DURING DECLARED LOCAL OR STATE HEALTH EMERGENCIES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: (A) "PERSONAL CAREGIVING VISITOR" MEANS A FAMILY MEMBER, CLOSE FRIEND, OR LEGAL GUARDIAN OF A RESIDENT DESIGNATED BY SUCH RESIDENT OR SUCH RESIDENT'S LAWFUL REPRESENTATIVE TO PROVIDE PERSONAL CAREGIVING FOR SUCH RESIDENT, INCLUDING A COMPASSIONATE CAREGIVING VISITOR; (B) "PERSONAL CAREGIVING" MEANS CARE AND SUPPORT OF A RESIDENT BY A PERSONAL CAREGIVING VISITOR THAT IS PROVIDED TO BENEFIT SUCH RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING. (C) "COMPASSIONATE CAREGIVING VISITOR" MEANS A PERSONAL CAREGIVING VISITOR PROVIDING COMPASSIONATE CAREGIVING TO A RESIDENT; S. 614--A 3 (D) "COMPASSIONATE CAREGIVING" MEANS PERSONAL CAREGIVING THAT IS PROVIDED IN ANTICIPATION OF THE END OF A RESIDENT'S LIFE OR IN THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OR CRISIS OF A RESI- DENT; (E) "RESIDENT" MEANS A RESIDENT OF AN ADULT CARE FACILITY; IN RELATION TO A PERSONAL CAREGIVING VISITOR, "RESIDENT" MEANS THE RESIDENT TO WHOM A PERSONAL CAREGIVING VISITOR HAS BEEN DESIGNATED TO PROVIDE PERSONAL CAREGIVING; AND (F) "VISIT" INCLUDES PROVIDING PERSONAL CAREGIVING TO A RESIDENT. 2. PERSONAL CAREGIVING VISITORS MAY VISIT RESIDENTS OF ADULT CARE FACILITIES, SUBJECT TO THIS SECTION. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL MAKE REGULATIONS UNDER THIS SECTION WHICH SHALL: (A) REQUIRE ADULT CARE FACILITIES TO ALLOW PERSONAL CAREGIVING VISI- TORS TO VISIT RESIDENTS SUBJECT TO THIS SECTION; (B) SET FORTH PROCEDURES FOR THE DESIGNATION OF PERSONAL CAREGIVING VISITORS BY RESIDENTS OR RESIDENT'S LAWFUL REPRESENTATIVES, WHICH MAY INCLUDE IN APPROPRIATE CIRCUMSTANCES REQUIRING A PHYSICAL OR MENTAL HEALTH PROFESSIONAL TO STATE THAT THE PERSONAL CAREGIVING WILL SUBSTAN- TIALLY BENEFIT THE RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; AN ADULT CARE FACILITY SHALL NOT REQUIRE THAT A HEALTH PROFESSIONAL IS AFFILIATED WITH SUCH ADULT CARE FACILITY; (C) SET FORTH PROCEDURES FOR CHANGING A PERSONAL CAREGIVING VISITOR DESIGNATION; (D) PROVIDE THAT A RESIDENT SHALL NOT BE ENTITLED TO DESIGNATE MORE THAN TWO PERSONAL CAREGIVING VISITORS; (E) PROVIDE THAT PERSONAL CAREGIVING VISITORS SHALL BE EXEMPT FROM PROHIBITIONS ON VISITING RESIDENTS AT ADULT CARE FACILITIES, SUBJECT TO THE LIMITATIONS AND REQUIREMENTS IN THIS SUBDIVISION; (F) SET FORTH THE CIRCUMSTANCES UNDER WHICH VISITING BY PERSONAL CARE- GIVING VISITORS MAY BE TEMPORARILY LIMITED OR SUSPENDED AT AN ADULT CARE FACILITY, INCLUDING, BUT NOT LIMITED TO, LOCAL INFECTION RATES, TEMPO- RARY INADEQUATE STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION; (G) REQUIRE, AT A MINIMUM, THAT ALL PERSONAL CAREGIVING VISITORS FOLLOW SAFETY PROTOCOLS REQUIRED FOR ADULT CARE FACILITY STAFF, INCLUD- ING, BUT NOT LIMITED TO: (I) TESTING FOR COMMUNICABLE DISEASES; (II) CHECKING BODY TEMPERATURE; (III) HEALTH SCREENINGS; (IV) APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT; (V) SOCIAL DISTANCING (EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING BY THE PERSONAL CAREGIVING VISITOR FOR A RESIDENT); AND (VI) ANY OTHER REQUIREMENT THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE DEEMS APPROPRIATE; (H) SET FORTH STANDARDS FOR FREQUENCY AND DURATION OF VISITS BY PERSONAL CAREGIVING VISITORS AT ADULT CARE FACILITIES; (I) SET FORTH STANDARDS FOR LIMITING THE TOTAL NUMBER OF PERSONAL CAREGIVING VISITORS ALLOWED TO VISIT AN ADULT CARE FACILITY AT ANY ONE TIME; AND (J) MAKE APPROPRIATE PROVISIONS FOR COMPASSIONATE CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS. § 3. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
(D, WF) 33rd Senate District
(D) 42nd Senate District
(D) 15th Senate District
(D, WF) Senate District
View additional co-sponsors
(R, C) 57th Senate District
(R) Senate District
(D, WF) 55th Senate District
(D, WF) 56th Senate District
(R, C) 60th Senate District
(D, WF) 40th Senate District
(D, WF) 41st Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(R, C, IP, RFM) Senate District
(D, WF) 28th Senate District
(R, C) Senate District
(R) 1st Senate District
(D, WF) 21st Senate District
(D) 19th Senate District
(D, WF) 13th Senate District
(R) Senate District
(D, WF) 29th Senate District
(R, C) 44th Senate District
(R, C) 8th Senate District
See Assembly Version of this Bill: A1052 Law Section: Public Health Law Laws Affected: Add §2801-h, Pub Health L; add §461-u, Soc Serv L Versions Introduced in 2019-2020 Legislative Session: S8958
Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
BILL NUMBER: S614B SPONSOR: MAY TITLE OF BILL: An act to amend the public health law and the social services law, in relation to personal and compassionate caregiving visitors for residents of nursing homes PURPOSE: This bill authorizes the Department of Health to develop regulations to allow personal caregiving visitation, for the provision of routine care and support, and for compassionate caregiving visitation, for the provision of short-term emergency care and support at end of life or other dire circumstances, by family members and legal guardians of resi- dents of nursing homes and other residential health care facilities. SUMMARY OF PROVISIONS: Section 1: Adds a new section 2801-h to the public health law. This
section requires the department of health to develop rules, regulations, and guidelines to allow personal caregiving and compassionate caregiving visitors at nursing homes. Provides definitions for personal and compas- sionate caregiving. These guidelines will include that facilities are required to allow such visitation, procedures for designating a visitor (as needed, with support from a medical or mental health professional), set forth procedures on changing such designation, require waiving liability, limits such designation to two caregivers per resident, exempts such visitors from general prohibitions on visitation, set forth the circumstances under which such visitation may be suspended or limit- ed, establish safety protocols for such visitors, sets forth frequency and duration of visitation, set forth the total number of such visitors allowed in a facility at any one time, and make allowances for compas- sionate caregiving. Section 2: Adds a new section 461-u to the social services law.. This section requires the office of temporary and disability assistance to develop rules, regulations, and guidelines to allow personal caregiving and compassionate caregiving visitors at nursing homes. Provides defi- nitions for personal and compassionate caregiving. These guidelines will include that facilities are required to allow such visitation, proce- dures for designating a visitor (as needed, with support from a medical or mental health professional), set forth procedures on changing such designation, require waiving liability, limits such designation to two caregivers per resident, exempts such visitors from general prohibitions on visitation, set forth the circumstances under which such visitation may be suspended or limited, establish safety protocols for such visi- tors, sets forth frequency and duration of visitation, set forth the total number of such visitors allowed in a facility at any one time, and make allowances for compassionate caregiving. ** The B-print of this bill makes technical amendments to section 2 regarding commissioners and changes the effective date to 45 days after becoming law. ** JUSTIFICATION: In an effort to curb outbreaks of the coronavirus among nursing home residents, New York State issued a ban on outside visitation by nones- sential visitors in March 2020. While the ban addressed a real need to limit spread of the virus, it has become apparent that isolation from loved ones presents significant risks of its own to the physical and mental wellbeing of nursing home residents. In many cases, family members prior to the ban regularly provided care for their loved one, assisting with feeding, bathing, dressing, communication and other essential activities of daily living. These family members-some of them on a daily basis for years-functioned as de facto "staff," augmenting the care and support provided by regular staff. We know that nursing home aides are too often stretched thin under the best of circumstances; during the pandemic, their numbers and capacity have been even lower, exacerbating the challenge of adequately meeting residents' needs. Personal care visitation would allow for such care to resume, with the designated caregiver following the same protocols as staff. In addition, this bill would expand on the definition, as conceived by CMS, of "compassionate care visitation," so that facilities allow for visitation not just at end-of-life situations but also in response to a marked decline in a resident's physical, mental or emotional wellbeing. This decline might be indicated by such conditions as depression, increased confusion or cognitive decline, weight loss or various other changes that signify a negative turn in physical or psychosocial health. Such changes are increasingly showing up as side effects of policies that isolate residents from their loved ones for extended periods of time and, in the most serious cases, pose their own risk of morbidity. It is a sad fact that enforced isolation from loved ones has created a whole new set of risks to nursing home residents-in many cases acceler- ating mental and physical decline. Allowing exemptions for personal care visitors and enhanced compassionate care visitation would be a reason- able, pragmatic step toward re-establishing those critical informal channels of care that are so crucial to the wellbeing of nursing home residents. FISCAL IMPACT: None. LEGISLATIVE HISTORY: 2021: 5.614 (May) / A.1052 (Bronson) 2019-2020 - S.8958 (May) Referred to Rules /A.11075 (Bronson) Referred to Health EFFECTIVE DATE: 45 days after becoming law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 614--B Cal. No. 348 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. MAY, RIVERA, SKOUFIS, ADDABBO, BIAGGI, BROUK, COONEY, GALLIVAN, HINCHEY, HOYLMAN, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the public health law and the social services law, in relation to personal and compassionate caregiving visitors for resi- dents of nursing homes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2801-h to read as follows: § 2801-H. PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS TO NURSING HOME RESIDENTS DURING DECLARED LOCAL OR STATE HEALTH EMERGEN- CIES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOW- ING MEANINGS: (A) "PERSONAL CAREGIVING VISITOR" MEANS A FAMILY MEMBER, CLOSE FRIEND, OR LEGAL GUARDIAN OF A RESIDENT DESIGNATED BY SUCH RESIDENT OR SUCH RESIDENT'S LAWFUL REPRESENTATIVE TO PROVIDE PERSONAL CAREGIVING FOR SUCH RESIDENT, INCLUDING A COMPASSIONATE CAREGIVING VISITOR; (B) "PERSONAL CAREGIVING" MEANS CARE AND SUPPORT OF A RESIDENT BY A PERSONAL CAREGIVING VISITOR THAT IS PROVIDED TO BENEFIT SUCH RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; (C) "COMPASSIONATE CAREGIVING VISITOR" MEANS A PERSONAL CAREGIVING VISITOR PROVIDING COMPASSIONATE CAREGIVING TO A RESIDENT; (D) "COMPASSIONATE CAREGIVING" MEANS PERSONAL CAREGIVING THAT IS PROVIDED IN ANTICIPATION OF THE END OF A RESIDENT'S LIFE OR IN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04858-09-1 S. 614--B 2 INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OR CRISIS OF A RESI- DENT; (E) "RESIDENT" MEANS A RESIDENT OF A NURSING HOME; IN RELATION TO A PERSONAL CAREGIVING VISITOR, "RESIDENT" MEANS THE RESIDENT TO WHOM THE PERSONAL CAREGIVING VISITOR HAS BEEN DESIGNATED TO PROVIDE PERSONAL CAREGIVING; AND (F) "VISIT" INCLUDES PROVIDING PERSONAL CAREGIVING TO A RESIDENT. 2. PERSONAL CAREGIVING VISITORS MAY VISIT RESIDENTS OF NURSING HOMES, SUBJECT TO THIS SECTION. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION WHICH SHALL: (A) REQUIRE NURSING HOMES TO ALLOW PERSONAL CAREGIVING VISITORS TO VISIT RESIDENTS SUBJECT TO THIS SECTION; (B) SET FORTH PROCEDURES FOR THE DESIGNATION OF PERSONAL CAREGIVING VISITORS BY RESIDENTS OR RESIDENT'S LAWFUL REPRESENTATIVES, WHICH MAY INCLUDE IN APPROPRIATE CIRCUMSTANCES REQUIRING A PHYSICAL OR MENTAL HEALTH PROFESSIONAL TO STATE THAT THE PERSONAL CAREGIVING WILL SUBSTAN- TIALLY BENEFIT THE RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; AN NURSING HOME SHALL NOT REQUIRE THAT THE HEALTH PROFESSIONAL IS AFFIL- IATED WITH SUCH NURSING HOME; (C) SET FORTH PROCEDURES FOR CHANGING A PERSONAL CAREGIVING VISITOR DESIGNATION; (D) PROVIDE THAT A RESIDENT SHALL NOT BE ENTITLED TO DESIGNATE MORE THAN TWO PERSONAL CAREGIVING VISITORS; (E) PROVIDE THAT PERSONAL CAREGIVING VISITORS SHALL BE EXEMPT FROM PROHIBITIONS ON VISITING RESIDENTS AT NURSING HOMES, SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH BY THIS SUBDIVISION; (F) SET FORTH THE CIRCUMSTANCES UNDER WHICH VISITING BY PERSONAL CARE- GIVING VISITORS MAY BE TEMPORARILY LIMITED OR SUSPENDED AT A NURSING HOME, INCLUDING, BUT NOT LIMITED TO, LOCAL INFECTION RATES, TEMPORARY INADEQUATE STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION; (G) REQUIRE, AT A MINIMUM, THAT ALL PERSONAL CAREGIVING VISITORS FOLLOW SAFETY PROTOCOLS REQUIRED FOR NURSING HOME STAFF, INCLUDING, BUT NOT LIMITED TO: (I) TESTING FOR COMMUNICABLE DISEASES; (II) CHECKING BODY TEMPERATURE; (III) HEALTH SCREENINGS; (IV) APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT; (V) SOCIAL DISTANCING (EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING BY THE PERSONAL CAREGIVING VISITOR FOR THE RESIDENT); AND (VI) ANY OTHER REQUIREMENT THE DEPARTMENT DEEMS APPROPRIATE; (H) SET FORTH STANDARDS FOR FREQUENCY AND DURATION OF VISITS BY PERSONAL CAREGIVING VISITORS AT NURSING HOMES; (I) SET FORTH STANDARDS FOR LIMITING THE TOTAL NUMBER OF PERSONAL CAREGIVING VISITORS ALLOWED TO VISIT A NURSING HOME AT ANY ONE TIME; AND (J) MAKE APPROPRIATE PROVISIONS FOR COMPASSIONATE CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS. § 2. The social services law is amended by adding a new section 461-u to read as follows: § 461-U. PERSONAL CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS FOR RESIDENTS OF ADULT CARE FACILITIES DURING DECLARED LOCAL OR STATE HEALTH EMERGENCIES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: (A) "PERSONAL CAREGIVING VISITOR" MEANS A FAMILY MEMBER, CLOSE FRIEND, OR LEGAL GUARDIAN OF A RESIDENT DESIGNATED BY SUCH RESIDENT OR SUCH S. 614--B 3 RESIDENT'S LAWFUL REPRESENTATIVE TO PROVIDE PERSONAL CAREGIVING FOR SUCH RESIDENT, INCLUDING A COMPASSIONATE CAREGIVING VISITOR; (B) "PERSONAL CAREGIVING" MEANS CARE AND SUPPORT OF A RESIDENT BY A PERSONAL CAREGIVING VISITOR THAT IS PROVIDED TO BENEFIT SUCH RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING. (C) "COMPASSIONATE CAREGIVING VISITOR" MEANS A PERSONAL CAREGIVING VISITOR PROVIDING COMPASSIONATE CAREGIVING TO A RESIDENT; (D) "COMPASSIONATE CAREGIVING" MEANS PERSONAL CAREGIVING THAT IS PROVIDED IN ANTICIPATION OF THE END OF A RESIDENT'S LIFE OR IN THE INSTANCE OF SIGNIFICANT MENTAL OR SOCIAL DECLINE OR CRISIS OF A RESI- DENT; (E) "RESIDENT" MEANS A RESIDENT OF AN ADULT CARE FACILITY; IN RELATION TO A PERSONAL CAREGIVING VISITOR, "RESIDENT" MEANS THE RESIDENT TO WHOM A PERSONAL CAREGIVING VISITOR HAS BEEN DESIGNATED TO PROVIDE PERSONAL CAREGIVING; AND (F) "VISIT" INCLUDES PROVIDING PERSONAL CAREGIVING TO A RESIDENT. 2. PERSONAL CAREGIVING VISITORS MAY VISIT RESIDENTS OF ADULT CARE FACILITIES, SUBJECT TO THIS SECTION. THE COMMISSIONER OF THE DEPARTMENT RESPONSIBLE FOR THE LICENSURE OR CERTIFICATION FOR EACH TYPE OF ADULT CARE FACILITY SHALL MAKE REGULATIONS FOR SUCH TYPE UNDER THIS SECTION WHICH SHALL: (A) REQUIRE ADULT CARE FACILITIES TO ALLOW PERSONAL CAREGIVING VISI- TORS TO VISIT RESIDENTS SUBJECT TO THIS SECTION; (B) SET FORTH PROCEDURES FOR THE DESIGNATION OF PERSONAL CAREGIVING VISITORS BY RESIDENTS OR RESIDENT'S LAWFUL REPRESENTATIVES, WHICH MAY INCLUDE IN APPROPRIATE CIRCUMSTANCES REQUIRING A PHYSICAL OR MENTAL HEALTH PROFESSIONAL TO STATE THAT THE PERSONAL CAREGIVING WILL SUBSTAN- TIALLY BENEFIT THE RESIDENT'S MENTAL, PHYSICAL, OR SOCIAL WELL-BEING; AN ADULT CARE FACILITY SHALL NOT REQUIRE THAT A HEALTH PROFESSIONAL IS AFFILIATED WITH SUCH ADULT CARE FACILITY; (C) SET FORTH PROCEDURES FOR CHANGING A PERSONAL CAREGIVING VISITOR DESIGNATION; (D) PROVIDE THAT A RESIDENT SHALL NOT BE ENTITLED TO DESIGNATE MORE THAN TWO PERSONAL CAREGIVING VISITORS; (E) PROVIDE THAT PERSONAL CAREGIVING VISITORS SHALL BE EXEMPT FROM PROHIBITIONS ON VISITING RESIDENTS AT ADULT CARE FACILITIES, SUBJECT TO THE LIMITATIONS AND REQUIREMENTS IN THIS SUBDIVISION; (F) SET FORTH THE CIRCUMSTANCES UNDER WHICH VISITING BY PERSONAL CARE- GIVING VISITORS MAY BE TEMPORARILY LIMITED OR SUSPENDED AT AN ADULT CARE FACILITY, INCLUDING, BUT NOT LIMITED TO, LOCAL INFECTION RATES, TEMPO- RARY INADEQUATE STAFF CAPACITY, OR AN ACUTE EMERGENCY SITUATION; (G) REQUIRE, AT A MINIMUM, THAT ALL PERSONAL CAREGIVING VISITORS FOLLOW SAFETY PROTOCOLS REQUIRED FOR ADULT CARE FACILITY STAFF, INCLUD- ING, BUT NOT LIMITED TO: (I) TESTING FOR COMMUNICABLE DISEASES; (II) CHECKING BODY TEMPERATURE; (III) HEALTH SCREENINGS; (IV) APPROPRIATE USE OF PERSONAL PROTECTION EQUIPMENT; (V) SOCIAL DISTANCING (EXCEPT AS NECESSARY FOR PERSONAL CAREGIVING BY THE PERSONAL CAREGIVING VISITOR FOR A RESIDENT); AND (VI) ANY OTHER REQUIREMENT THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE DEEMS APPROPRIATE; (H) SET FORTH STANDARDS FOR FREQUENCY AND DURATION OF VISITS BY PERSONAL CAREGIVING VISITORS AT ADULT CARE FACILITIES; S. 614--B 4 (I) SET FORTH STANDARDS FOR LIMITING THE TOTAL NUMBER OF PERSONAL CAREGIVING VISITORS ALLOWED TO VISIT AN ADULT CARE FACILITY AT ANY ONE TIME; AND (J) MAKE APPROPRIATE PROVISIONS FOR COMPASSIONATE CAREGIVING AND COMPASSIONATE CAREGIVING VISITORS. § 3. This act shall take effect on the forty-fifth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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