STATE OF NEW YORK
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11092
IN ASSEMBLY
October 28, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon,
Salka) -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to providing a
patient of a residential health care facility essential caregiver
visitation during the COVID-19 state disaster emergency
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 2801-h to read as follows:
3 § 2801-h. Essential caregiver visitation during COVID-19. 1. The
4 following words or phrases, as used in this section, shall have the
5 following meanings, unless the context otherwise requires:
6 (a) "Resident" shall mean a patient residing at a residential health
7 care facility.
8 (b) "Essential caregiver" shall mean an individual or individuals
9 designated by a resident as their primary caregiver to aid and provide
10 care for such resident.
11 (c) "Primary caregiver" shall mean an individual or individuals who
12 regularly visited, prior to COVID-19, a resident to aid and provide care
13 to such resident.
14 (d) "Regularly visit" shall mean an individual or individuals who
15 visits a resident of residential health care facility at least twice a
16 week. If more than one individual is providing aid and care to a resi-
17 dent, such visitation days may be split among the individuals.
18 (e) "The novel coronavirus pandemic (COVID-19)" shall refer to the
19 period of the state of emergency declared by executive order two hundred
20 two on March seventh, two thousand twenty in response to the outbreak of
21 the novel coronavirus.
22 (f) "Phase zero" shall mean a residential health care facility with a
23 currently active outbreak of the novel coronavirus.
24 (g) "Phase one" shall mean a residential health care facility who
25 never had an outbreak of the novel coronavirus or who has concluded an
26 outbreak of the novel coronavirus and fourteen days have passed since
27 the region such facility is located has moved into phase one of reopen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17418-01-0
A. 11092 2
1 ing pursuant to the New York forward initiative as a response to COVID-
2 19.
3 (h) "Phase two" shall mean a residential health care facility who
4 never had an outbreak of the novel coronavirus or who has concluded an
5 outbreak of the novel coronavirus and fourteen days have passed since
6 the region such facility is located has moved into phase two of reopen-
7 ing pursuant to the New York forward initiative as a response to COVID-
8 19.
9 (i) "Phase three" shall mean a residential health care facility who
10 never had an outbreak of the novel coronavirus or who has concluded an
11 outbreak of the novel coronavirus and fourteen days have passed since
12 the region such facility is located has moved into phase three of
13 reopening pursuant to the New York forward initiative as a response to
14 COVID-19.
15 2. A resident may receive essential caregiver visitation during
16 COVID-19, unless such resident:
17 (i) is in a fourteen-day quarantine period for testing positive for
18 the novel coronavirus and has not yet met the criteria for the discon-
19 tinuation of the isolation; or
20 (ii) the resident is symptomatic with symptoms related to the novel
21 coronavirus.
22 3. Visitation by an essential caregiver during COVID-19 shall be
23 utilized to provide a resident with care in the same manner as prior to
24 COVID-19. Such care shall include, but not be limited to assisting a
25 resident with feeding, hygiene, mobility, dressing, emotional support,
26 medication, communicating with the residential health care facility
27 staff regarding the needs of such resident, reporting any suspected
28 abuse or neglect on behalf of such resident or requesting additional
29 care or a change in the current care plan if necessary.
30 4. The residential health care facility's administrative director in
31 consultation with the director of nursing, director of social services
32 and any other necessary facility staff, shall develop policies and
33 establish procedures for how to designate and utilize essential caregiv-
34 ers during COVID-19.
35 5. A resident shall consult with the necessary residential health care
36 facility staff to determine and designate a primary caregiver to be such
37 resident's essential caregiver. Such determination shall take into
38 consideration:
39 (a) who the resident desires as a primary caregiver;
40 (b) the resident's unique situation; and
41 (c) the past involvement of the potential primary caregiver with such
42 resident.
43 6. The residential health care facility shall work with a designated
44 essential caregiver to establish a schedule to accommodate the essential
45 caregiver's schedule and meet the needs of the resident. Such schedule
46 shall take into consideration the number of essential caregivers in the
47 residential health care facility at the same time and which phase the
48 residential health care facility has obtained. A residential health care
49 facility in phase zero shall allow an essential caregiver to schedule
50 one visit per week not to exceed a total of two hours per week. A resi-
51 dential health care facility in phase one or phase two shall allow an
52 essential caregiver to schedule up to two visits per week not to exceed
53 a total of four hours per week. A residential health care facility in
54 phase three shall allow scheduling of an essential caregiver under such
55 facilities regular procedures for visitation. Residential health care
A. 11092 3
1 facility may establish time limits as needed to keep residents of such
2 facility safe.
3 7. Residential health care facilities shall create and implement
4 procedures to ensure essential caregiving visits are conducted as safely
5 as possible and shall include but not be limited to infection control
6 practices, hand washing procedures, and utilizing personal protective
7 equipment.
8 8. A resident shall have the right to designate a secondary caregiver
9 and an alternative caregiver. The secondary caregiver shall provide
10 essential caregiving in the event the primary caregiver is unable to
11 provide their services to such resident. The alternative caregiver shall
12 be able to provide care to a resident if the primary caregiver and the
13 secondary caregiver are unable to provide their services to such resi-
14 dent. The primary caregiver shall provide notice to the residential
15 health care facility either by telephone or in writing, when they are
16 unable to attend a scheduled visit with a resident and will be designat-
17 ing either the secondary caregiver or the alternative caregiver to
18 provide care to such resident in their absence.
19 § 2. This act shall take effect immediately.