§ 461-U — Personal caregiving and compassionate caregiving visitors for residents of adult care facilities during declared local or state health em...

§ 461-u. Personal caregiving visitors for residents of adult care\nfacilities during public health emergencies. 1. As used in this section,\nthe following terms have the following meanings:\n (a) "personal caregiving visitor" means a family member, close friend,\nor legal guardian of a resident designated by the resident or the\nresident's lawful representative to assist with personal caregiving or\ncompassionate caregiving for the resident;\n (b) "personal caregiving" means care and support of a resident by a\npersonal caregiving visitor that is provided to benefit such resident's\nmental, physical, or social well-being.\n (c) "compassionate caregiving" means personal caregiving that is\nprovided in anticipation of the end of a resident's life or in the\ninstance of significant mental, physical, or social decline or crisis of\na resident;\n (d) "resident" means a resident of an adult care facility; in relation\nto a personal caregiving visitor, "resident" means the resident to whom\na personal caregiving visitor has been designated to assist with\npersonal caregiving or compassionate caregiving; and\n (e) "visit" includes assisting with personal caregiving or\ncompassionate caregiving for a resident.\n 2. During a public health emergency declared under section twenty-four\nor section twenty-eight of the executive law personal caregiving\nvisitors may visit residents of adult care facilities, in compliance\nwith federal law and regulations and state regulations made under this\nsection. Adult care facilities shall admit any personal caregiving\nvisitor who is in compliance with applicable requirements under this\nsection.\n 3. The commissioner of the department responsible for the licensure or\ncertification for each type of adult care facility shall make\nregulations for such type under this section which shall:\n (a) require adult care facilities to allow personal caregiving\nvisitors to visit residents subject to this section;\n (b) set forth procedures for the designation of personal caregiving\nvisitors by residents or resident's lawful representatives, which: (i)\nshall include documentation of each designated personal caregiving\nvisitor in the facility records; (ii) shall include procedures to ensure\nthat the preferences of the resident regarding the designation of a\npersonal caregiving visitor are respected; and (iii) may include, in\nappropriate circumstances, requiring a health or mental health\nprofessional licensed or certified under the education law to state that\nthe personal caregiving will substantially benefit the resident's\nmental, physical, or social well-being. An adult care facility shall not\nrequire that a health or mental health professional be affiliated with\nsuch adult care facility;\n (c) set forth procedures for changing a personal caregiving visitor\ndesignation;\n (d) provide that a resident shall be entitled to designate at least\ntwo personal caregiving visitors;\n (e) provide that personal caregiving visitors shall be exempt from\nprohibitions on visiting residents at adult care facilities, subject to\nthe limitations and requirements of this section;\n (f) set forth the circumstances under which visiting by personal\ncaregiving visitors may be temporarily limited or suspended at an adult\ncare facility to protect the health, safety and welfare of residents,\nincluding, but not limited to, local infection rates, temporary\ninadequate staff capacity, or an acute emergency situation;\n (g) require, at a minimum, that all personal caregiving visitors\nfollow safety protocols which may include, but need not be limited to:\n (i) testing for communicable diseases;\n (ii) checking body temperature upon entry into the adult care\nfacility;\n (iii) health screenings upon entry into the adult care facility;\n (iv) appropriate use of personal protective equipment;\n (v) social distancing (except as necessary for personal caregiving by\nthe personal caregiving visitor for a resident); and\n (vi) any other requirement the respective commissioner deems\nappropriate;\n (h) set forth standards for frequency and duration of visits by\npersonal caregiving visitors at adult care facilities;\n (i) set forth standards for limiting the total number of personal\ncaregiving visitors for a resident and/or limiting the total number of\npersonal caregiving visitors allowed to visit an adult care facility at\nany one time based on the circumstances of the residents and the adult\ncare facility;\n (j) require personal caregiving and compassionate caregiving to be\ndocumented in the resident's case management notes; and\n (k) make appropriate provisions for compassionate caregiving.\n 4. The respective commissioners shall post the requirements consistent\nwith regulations, on their website, including any requirements as to\ntime periods and region.\n 5. This section does not require the medical assistance program to\ncover personal caregiving or compassionate caregiving and such\ncaregiving shall not be reimbursed under the medical assistance program.\n 6. This section does not relieve any facility licensed under this\narticle, or any facility operator, of any obligation or responsibility\nimposed by any other applicable law or regulation.\n 7. Nothing in this section shall be construed to limit access by any\nvisitor to a facility that would otherwise be permitted under federal or\nstate law or regulation.\n