STATE OF NEW YORK
________________________________________________________________________
3879
2021-2022 Regular Sessions
IN SENATE
February 1, 2021
___________
Introduced by Sens. GRIFFO, BORRELLO -- 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02245-01-1
S. 3879 2
1 (g) "Phase one" shall mean a residential health care facility who
2 never had an outbreak of the novel coronavirus or who has concluded an
3 outbreak of the novel coronavirus and fourteen days have passed since
4 the region such facility is located has moved into phase one of reopen-
5 ing pursuant to the New York forward initiative as a response to COVID-
6 19.
7 (h) "Phase two" shall mean a residential health care facility who
8 never had an outbreak of the novel coronavirus or who has concluded an
9 outbreak of the novel coronavirus and fourteen days have passed since
10 the region such facility is located has moved into phase two of reopen-
11 ing pursuant to the New York forward initiative as a response to COVID-
12 19.
13 (i) "Phase three" shall mean a residential health care facility who
14 never had an outbreak of the novel coronavirus or who has concluded an
15 outbreak of the novel coronavirus and fourteen days have passed since
16 the region such facility is located has moved into phase three of
17 reopening pursuant to the New York forward initiative as a response to
18 COVID-19.
19 2. A resident may receive essential caregiver visitation during
20 COVID-19, unless such resident:
21 (i) is in a fourteen-day quarantine period for testing positive for
22 the novel coronavirus and has not yet met the criteria for the discon-
23 tinuation of the isolation; or
24 (ii) the resident is symptomatic with symptoms related to the novel
25 coronavirus.
26 3. Visitation by an essential caregiver during COVID-19 shall be
27 utilized to provide a resident with care in the same manner as prior to
28 COVID-19. Such care shall include, but not be limited to assisting a
29 resident with feeding, hygiene, mobility, dressing, emotional support,
30 medication, communicating with the residential health care facility
31 staff regarding the needs of such resident, reporting any suspected
32 abuse or neglect on behalf of such resident or requesting additional
33 care or a change in the current care plan if necessary.
34 4. The residential health care facility's administrative director in
35 consultation with the director of nursing, director of social services
36 and any other necessary facility staff, shall develop policies and
37 establish procedures for how to designate and utilize essential caregiv-
38 ers during COVID-19.
39 5. A resident shall consult with the necessary residential health care
40 facility staff to determine and designate a primary caregiver to be such
41 resident's essential caregiver. Such determination shall take into
42 consideration:
43 (a) who the resident desires as a primary caregiver;
44 (b) the resident's unique situation; and
45 (c) the past involvement of the potential primary caregiver with such
46 resident.
47 6. The residential health care facility shall work with a designated
48 essential caregiver to establish a schedule to accommodate the essential
49 caregiver's schedule and meet the needs of the resident. Such schedule
50 shall take into consideration the number of essential caregivers in the
51 residential health care facility at the same time and which phase the
52 residential health care facility has obtained. A residential health care
53 facility in phase zero shall allow an essential caregiver to schedule
54 one visit per week not to exceed a total of two hours per week. A resi-
55 dential health care facility in phase one or phase two shall allow an
56 essential caregiver to schedule up to two visits per week not to exceed
S. 3879 3
1 a total of four hours per week. A residential health care facility in
2 phase three shall allow scheduling of an essential caregiver under such
3 facilities regular procedures for visitation. Residential health care
4 facility may establish time limits as needed to keep residents of such
5 facility safe.
6 7. Residential health care facilities shall create and implement
7 procedures to ensure essential caregiving visits are conducted as safely
8 as possible and shall include but not be limited to infection control
9 practices, hand washing procedures, and utilizing personal protective
10 equipment.
11 8. A resident shall have the right to designate a secondary caregiver
12 and an alternative caregiver. The secondary caregiver shall provide
13 essential caregiving in the event the primary caregiver is unable to
14 provide their services to such resident. The alternative caregiver shall
15 be able to provide care to a resident if the primary caregiver and the
16 secondary caregiver are unable to provide their services to such resi-
17 dent. The primary caregiver shall provide notice to the residential
18 health care facility either by telephone or in writing, when they are
19 unable to attend a scheduled visit with a resident and will be designat-
20 ing either the secondary caregiver or the alternative caregiver to
21 provide care to such resident in their absence.
22 § 2. This act shall take effect immediately.