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A01052 Summary:

BILL NOA01052B
 
SAME ASSAME AS S00614-B
 
SPONSORBronson
 
COSPNSRGottfried, Weinstein, Lupardo, Seawright, Stern, Fahy, Clark, McMahon, Nolan, Jacobson, Simon, Meeks, Woerner, Jones, Englebright, Griffin, Lunsford, Santabarbara, Wallace, Barrett, Steck, Barron, Norris, Thiele, Gonzalez-Rojas, Buttenschon, Walsh, Glick, Vanel, Cahill, Rosenthal L, Pichardo, Richardson, Zebrowski, Williams, Bichotte Hermelyn, Anderson, Conrad, Stirpe, Dinowitz, Rivera JD, Abbate, Otis, Smith, Aubry, Cook, Carroll, Rozic, Abinanti, Gallagher, Forrest, Cruz, Jackson, Perry, Hyndman, Zinerman, Peoples-Stokes, Reyes, Colton, Hunter, Kelles, Cusick, Galef
 
MLTSPNSR
 
Add §2801-h, Pub Health L; add §461-u, Soc Serv L
 
Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
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A01052 Actions:

BILL NOA01052B
 
01/07/2021referred to health
01/26/2021amend (t) and recommit to health
01/26/2021print number 1052a
02/02/2021reported
02/04/2021advanced to third reading cal.85
02/08/2021amended on third reading 1052b
03/03/2021substituted by s614b
 S00614 AMEND=B MAY
 01/06/2021REFERRED TO HEALTH
 01/15/2021AMEND (T) AND RECOMMIT TO HEALTH
 01/15/2021PRINT NUMBER 614A
 02/09/20211ST REPORT CAL.348
 02/10/2021AMENDED 614B
 02/10/20212ND REPORT CAL.
 02/22/2021COMMITTED TO RULES
 02/22/2021ORDERED TO THIRD READING CAL.348
 02/22/2021PASSED SENATE
 02/22/2021DELIVERED TO ASSEMBLY
 02/22/2021referred to health
 03/03/2021substituted for a1052b
 03/03/2021ordered to third reading cal.85
 03/03/2021passed assembly
 03/03/2021returned to senate
 03/17/2021DELIVERED TO GOVERNOR
 03/29/2021SIGNED CHAP.89
 03/29/2021APPROVAL MEMO.3
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A01052 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1052B
 
SPONSOR: Bronson
  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: To be determined.   LEGISLATIVE HISTORY:. 2020: A11075 referred to health   EFFECTIVE DATE: 45 days after becoming law.
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A01052 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1052--B
                                                                 Cal. No. 85
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by  M.  of A. BRONSON, GOTTFRIED, LUPARDO, SEAWRIGHT, STERN,
          FAHY, CLARK, McMAHON, NOLAN, JACOBSON, SIMON, MEEKS,  WOERNER,  JONES,
          ENGLEBRIGHT, GRIFFIN, LUNSFORD, SANTABARBARA, WALLACE, BARRETT, STECK,
          BARRON, NORRIS -- read once and referred to the Committee on Health --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported from committee, advanced  to
          a third reading, amended and ordered reprinted, retaining its place on
          the order of third reading
 
        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:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2801-h to read as follows:
     3    § 2801-h. Personal caregiving and compassionate caregiving visitors to
     4  nursing  home  residents  during declared local or state health emergen-
     5  cies.  1.  As used in this section, the following terms have the follow-
     6  ing meanings:
     7    (a) "personal caregiving visitor" means a family member, close friend,
     8  or legal guardian of a resident designated  by  such  resident  or  such
     9  resident's lawful representative to provide personal caregiving for such
    10  resident, including a compassionate caregiving visitor;
    11    (b)  "personal  caregiving"  means care and support of a resident by a
    12  personal caregiving visitor that is provided to benefit such  resident's
    13  mental, physical, or social well-being;
    14    (c)  "compassionate  caregiving  visitor"  means a personal caregiving
    15  visitor providing compassionate caregiving to a resident;
    16    (d) "compassionate  caregiving"  means  personal  caregiving  that  is
    17  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.
                                                                   LBD04858-10-1

        A. 1052--B                          2
 
     1  instance of significant mental or social decline or crisis  of  a  resi-
     2  dent;
     3    (e)  "resident"  means  a resident of a nursing home; in relation to a
     4  personal caregiving visitor, "resident" means the resident to  whom  the
     5  personal  caregiving  visitor  has  been  designated to provide personal
     6  caregiving; and
     7    (f) "visit" includes providing personal caregiving to a resident.
     8    2. Personal caregiving visitors may visit residents of nursing  homes,
     9  subject  to this section.  The commissioner shall make regulations under
    10  this section which shall:
    11    (a)  require   nursing homes to allow personal caregiving visitors  to
    12  visit residents subject to this section;
    13    (b)  set  forth  procedures for the designation of personal caregiving
    14  visitors by residents or resident's lawful  representatives,  which  may
    15  include  in  appropriate  circumstances  requiring  a physical or mental
    16  health professional to state that the personal caregiving will  substan-
    17  tially benefit the resident's mental, physical, or social well-being; an
    18  nursing  home  shall  not require that the health professional is affil-
    19  iated with such nursing home;
    20    (c) set forth procedures for changing a  personal  caregiving  visitor
    21  designation;
    22    (d)  provide  that  a resident shall not be entitled to designate more
    23  than two personal caregiving visitors;
    24    (e)  provide that personal caregiving visitors shall  be  exempt  from
    25  prohibitions  on  visiting  residents  at  nursing homes, subject to the
    26  limitations and requirements set forth by this subdivision;
    27    (f) set forth the circumstances under which visiting by personal care-
    28  giving visitors may be temporarily limited or  suspended  at  a  nursing
    29  home,  including,  but  not limited to, local infection rates, temporary
    30  inadequate staff capacity, or an acute emergency situation;
    31    (g)  require, at a   minimum, that all  personal  caregiving  visitors
    32  follow  safety protocols required for nursing home staff, including, but
    33  not limited to:
    34    (i) testing for communicable diseases;
    35    (ii) checking body temperature;
    36    (iii) health screenings;
    37    (iv) appropriate use of personal protection equipment;
    38    (v) social distancing (except as necessary for personal caregiving  by
    39  the personal caregiving visitor for the resident); and
    40    (vi) any other requirement the department deems appropriate;
    41    (h)    set   forth standards for  frequency and duration  of visits by
    42  personal caregiving visitors at  nursing homes;
    43    (i)  set  forth standards for limiting  the total number  of  personal
    44  caregiving visitors allowed to visit  a nursing home  at  any  one time;
    45  and
    46    (j)  make  appropriate  provisions  for  compassionate  caregiving and
    47  compassionate caregiving visitors.
    48    § 2. The social services law is amended by adding a new section  461-u
    49  to read as follows:
    50    § 461-u. Personal caregiving and compassionate caregiving visitors for
    51  residents of adult care facilities during declared local or state health
    52  emergencies.    1. As used in this section, the following terms have the
    53  following meanings:
    54    (a) "personal caregiving visitor" means a family member, close friend,
    55  or legal guardian of a resident designated  by  such  resident  or  such

        A. 1052--B                          3
 
     1  resident's lawful representative to provide personal caregiving for such
     2  resident, including a compassionate caregiving visitor;
     3    (b)  "personal  caregiving"  means care and support of a resident by a
     4  personal caregiving visitor that is provided to benefit such  resident's
     5  mental, physical, or social well-being.
     6    (c)  "compassionate  caregiving  visitor"  means a personal caregiving
     7  visitor providing compassionate caregiving to a resident;
     8    (d) "compassionate  caregiving"  means  personal  caregiving  that  is
     9  provided  in  anticipation  of  the  end  of a resident's life or in the
    10  instance of significant mental or social decline or crisis  of  a  resi-
    11  dent;
    12    (e) "resident" means a resident of an adult care facility; in relation
    13  to  a personal caregiving visitor, "resident" means the resident to whom
    14  a personal caregiving visitor has been designated  to  provide  personal
    15  caregiving; and
    16    (f) "visit" includes providing personal caregiving to a resident.
    17    2.  Personal  caregiving  visitors  may  visit residents of adult care
    18  facilities, subject to this section.  The commissioner of the department
    19  responsible for the licensure or certification for each  type  of  adult
    20  care  facility  shall  make regulations for such type under this section
    21  which shall:
    22    (a)  require adult care facilities to allow personal caregiving  visi-
    23  tors to visit residents subject to this section;
    24    (b)  set  forth  procedures for the designation of personal caregiving
    25  visitors by residents or resident's lawful  representatives,  which  may
    26  include  in  appropriate  circumstances  requiring  a physical or mental
    27  health professional to state that the personal caregiving will  substan-
    28  tially benefit the resident's mental, physical, or social well-being; an
    29  adult  care  facility  shall  not  require that a health professional is
    30  affiliated with such adult care facility;
    31    (c) set forth procedures for changing a  personal  caregiving  visitor
    32  designation;
    33    (d)  provide  that  a resident shall not be entitled to designate more
    34  than two personal caregiving visitors;
    35    (e) provide that personal caregiving visitors  shall  be  exempt  from
    36  prohibitions  on visiting residents at adult care facilities, subject to
    37  the limitations and requirements in this subdivision;
    38    (f) set forth the circumstances under which visiting by personal care-
    39  giving visitors may be temporarily limited or suspended at an adult care
    40  facility, including, but not limited to, local infection  rates,  tempo-
    41  rary inadequate staff capacity, or an acute emergency situation;
    42    (g)  require,  at  a  minimum,  that  all personal caregiving visitors
    43  follow safety protocols required for adult care facility staff,  includ-
    44  ing, but not limited to:
    45    (i) testing for communicable diseases;
    46    (ii) checking body temperature;
    47    (iii) health screenings;
    48    (iv) appropriate use of personal protection equipment;
    49    (v)  social distancing (except as necessary for personal caregiving by
    50  the personal caregiving visitor for a resident); and
    51    (vi) any other requirement the  office  of  temporary  and  disability
    52  assistance deems appropriate;
    53    (h)  set  forth  standards  for  frequency  and  duration of visits by
    54  personal caregiving visitors at adult care facilities;

        A. 1052--B                          4
 
     1    (i) set forth standards for limiting  the  total  number  of  personal
     2  caregiving  visitors  allowed to visit an adult care facility at any one
     3  time; and
     4    (j)  make  appropriate  provisions  for  compassionate  caregiving and
     5  compassionate caregiving visitors.
     6    § 3. This act shall take effect on the forty-fifth day after it  shall
     7  have become a law. Effective immediately, the addition, amendment and/or
     8  repeal  of  any  rule  or regulation necessary for the implementation of
     9  this act on its effective date are authorized to be made  and  completed
    10  on or before such date.
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