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A03113 Summary:

BILL NOA03113
 
SAME ASNo Same As
 
SPONSORKim
 
COSPNSRMiller M, Ra, Thiele
 
MLTSPNSR
 
Amd 2801 & 2803-c, Pub Health L
 
Relates to providing for nursing home residents to designate an essential person who would be permitted to be present and provide aid to a resident at a nursing home with unrestricted access; provides for regular testing of essential persons during COVID-19.
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A03113 Actions:

BILL NOA03113
 
01/22/2021referred to health
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A03113 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3113
 
SPONSOR: Kim
  TITLE OF BILL: An act to amend the public health law, in relation to providing for nursing home residents to designate an essential person who would be permitted to be present at the nursing home with unrestricted access and provide aid to such resident; to provide for regular COVID-19 test- ing for such essential persons for the duration of the COVID-19 state disaster emergency; and providing for the repeal of certain provisions of such law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to provide for nursing home residents to designate an essential person who would be permitted to be present and provide aid at a nursing home.   SUMMARY OF PROVISIONS: Section 1. Section 2801 of the public health law is amended by adding a new subdivision 12 to read as follows: 12. "Essential person" shall mean a family member, attorney in fact or health care proxy who, prior to and after the COVID-19 state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty, was or regularly is present at a nursing home three or more days per week providing assistance to a resident of such nursing home. Such assistance shall include, by not be limited to, help with feeding, hygiene, mobility, dressing, emotional support and medication. Subdivision 3 of section 2803-c of the public health law is amended by adding a new paragraph r to read: Every patient shall have the right to designate one individual as an essential person.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: The COVID-19 pandemic was devastating for our seniors. Due to the restrictions in visiting, residents in nursing homes were completely isolated. The pandemic revealed just how important it is for a family member or significant person to be able to continue to visit and provide the care and emotional support that is so vital for a senior's well-be- ing. Many of the residents relied on the physical and emotional support provided by their loved one and in the absence of this during the pandemic, they suffered from a variety of issues including failure to thrive, depression, falls, confusion, etc. This will enable any resident to have the right to assign an essential person, who will be able to continue to be there for continuity of care.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately upon passage.
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A03113 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3113
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by  M. of A. KIM, M. MILLER, RA -- read once and referred to
          the Committee on Health
 
        AN ACT to amend the public health law,  in  relation  to  providing  for
          nursing  home  residents to designate an essential person who would be
          permitted to be present  at the nursing home with unrestricted  access
          and  provide  aid  to  such  resident; to provide for regular COVID-19
          testing for such essential persons for the duration  of  the  COVID-19
          state  disaster  emergency;  and  providing  for the repeal of certain
          provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 2801 of the public health law is amended by adding
     2  a new subdivision 12 to read as follows:
     3    12. "Essential person" shall mean a family member, attorney in fact or
     4  health care proxy who, prior to and after the  COVID-19  state  disaster
     5  emergency  declared  pursuant  to executive order two hundred two of two
     6  thousand twenty, was or regularly is present at a nursing home three  or
     7  more  days  per  week providing assistance to a resident of such nursing
     8  home. Such assistance shall include, but not be limited  to,  help  with
     9  feeding, hygiene, mobility, dressing, emotional support and medication.
    10    §  2.  Subdivision  3  of  section  2803-c of the public health law is
    11  amended by adding a new paragraph r to read as follows:
    12    r. Every patient shall have the right to designate one  individual  as
    13  an  essential person. Such essential person shall act as an advocate for
    14  the resident, whose duties include, but are not be limited to,  communi-
    15  cating  with  nursing  home  staff regarding the needs of such resident,
    16  reporting any suspected abuse or neglect on behalf of such  resident  or
    17  requesting  additional  care  or  a  change  in the current care plan if
    18  necessary.
    19    § 3. Section 2803-c of the public health law is amended  by  adding  a
    20  new subdivision 6 to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04233-02-1

        A. 3113                             2
 
     1    6.  a.  Any  individual  designated as an essential person pursuant to
     2  this section shall be permitted unrestricted access  and  visitation  to
     3  the resident at the nursing home in which such resident resides in order
     4  to provide the necessary aid described pursuant to this section.
     5    b.  Throughout  the  duration of the COVID-19 state disaster emergency
     6  declared pursuant to executive order two hundred  two  of  two  thousand
     7  twenty,  each  nursing  home  shall  require  and  provide for essential
     8  persons to be tested for COVID-19 on a weekly basis, and each  essential
     9  person  shall be required to wear adequate personal protective equipment
    10  (PPE) at all times while on the premises of such facility. If an  essen-
    11  tial person should test positive for COVID-19, he or she shall be denied
    12  access  to  the  nursing home for a period of fourteen days and shall be
    13  required to self-quarantine during such period.  At  the  conclusion  of
    14  such  fourteen-day  period,  such essential person shall be permitted to
    15  return to the nursing home so long as he or she has no symptoms  of  and
    16  produces a negative test result for COVID-19.
    17    §  4.  This act shall take effect immediately, provided, however, that
    18  paragraph b of subdivision 6 of section 2803-c of the public health  law
    19  as  added  by  section  three  of  this  act  shall expire and be deemed
    20  repealed on the same date the COVID-19 state disaster emergency declared
    21  pursuant to executive order 202 of 2020 has been lifted.
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