NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5449
SPONSOR: Gunther TITLE OF BILL:
An act to amend the public health law, in relation to personal caregiv-
ing visitors for general hospital patients
PURPOSE OR GENERAL IDEA OF BILL:
To allow personal caregiving visitation for general hospital patients,
as it is allowed for nursing home residents
SUMMARY OF PROVISIONS:
Sections 1 amends section 2801-h of the public health law to allow
personal caregivers to visit general hospital patients
Section 2 is the effective date.
JUSTIFICATION:
Chapter 89 of the Laws of 2021 required the Department of Health to
develop regulations to allow personal caregiving visitation by family
members and legal guardians of residents of nursing homes and other
residential health care facilities.
This bill expands upon that law and requires general hospitals to also
allow personal caregivers to visit patients. Hospital patients are often
facing the most trying time in their lives, and isolation from loved
ones can be an impediment to recovery. This bill would ensure the same
precautions that are in place for nursing homes also apply to hospitals.
PRIOR LEGISLATIVE HISTORY:
2021-22: A8572A passed Assembly/S9200 referred to Health
FISCAL IMPLICATIONS:
None to state.
EFFECTIVE DATE:
45 days after it shall have become a law.
STATE OF NEW YORK
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5449
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. GUNTHER, SAYEGH -- read once and referred to the
Committee 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. 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,
23 physical, or social well-being. A general hospital shall not require
24 that the health professional be affiliated with such general hospital;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10138-01-3
A. 5449 2
1 (iii) set forth procedures for changing a personal caregiving visitor
2 designation;
3 (iv) provide that a patient shall be entitled to designate at least
4 two personal caregiving visitors;
5 (v) provide that personal caregiving visitors shall be exempt from
6 prohibitions on visiting patients at general hospitals, subject to the
7 limitations and requirements of this section;
8 (vi) set forth the circumstances under which visiting by personal
9 caregiving visitors may be temporarily limited or suspended at a general
10 hospital to protect the health, safety and welfare of patients, includ-
11 ing, but not limited to, local infection rates, temporary inadequate
12 staff capacity, or an acute emergency situation;
13 (vii) require, at a minimum, that all personal caregiving visitors
14 follow safety protocols which may include, but need not be limited to:
15 (A) testing for communicable diseases;
16 (B) checking body temperature upon entry into the general hospital;
17 (C) health screenings upon entry into the general hospital;
18 (D) appropriate use of personal protective equipment;
19 (E) social distancing, except as necessary for personal caregiving by
20 the personal caregiving visitor for the patient; and
21 (F) any other requirement the department deems appropriate;
22 (viii) set forth standards for frequency and duration of visits by
23 personal caregiving visitors at general hospitals; and
24 (ix) set forth standards for limiting the total number of personal
25 caregiving visitors for a patient and/or limiting the total number of
26 personal caregiving visitors allowed to visit a general hospital at any
27 one time based on the circumstances of the patients and the general
28 hospital.
29 § 2. This act shall take effect on the forty-fifth day after it shall
30 have become a law. Effective immediately, the addition, amendment and/or
31 repeal of any rule or regulation necessary for the implementation of
32 this act on its effective date are authorized to be made and completed
33 on or before such date.
