§ 23-17.5-37. Access to nursing homes and long-term care facilities for essential caregivers during
declared emergency.
(a) For purposes of this section, the following words and phrases shall have the meanings
given to them in this subsection unless the context clearly indicates otherwise:
(1) "Declaration of disaster emergency� means a disaster emergency declared by the governor
pursuant to § 30-15-9.
(2) "Essential caregiver� means an individual, whether a family member or friend of a
resident of a nursing home or long-term care facility, who is designated by the resident
or appointed by an individual with decision-making authority for the resident to provide
physical or emotional support to the resident during a declaration of disaster emergency.
(3) "Nursing home or long-term care facility� means a facility licensed by the department
of health, including a long-term care facility, a skilled nursing facility, an assisted
living facility, a personal care home, or an older adult daily living center.
(b) The department of health shall establish rules and regulations to allow a resident
of a nursing home or long-term care facility or an individual with decision-making
authority for the resident to designate an individual as the resident's essential
caregiver during a declaration of disaster emergency. An essential caregiver shall
meet the necessary qualifications to enter the long-term care facility to provide
in-person physical or emotional support to a resident of a nursing home or long-term
care facility in accordance with the rules and regulations established pursuant to
this section. The rules and regulations shall include, but not be limited to, all
of the following:
(1) Safety measures for an essential caregiver, including, but not limited to, restrictions
on travel, enhanced testing for communicable diseases, and the necessary safety equipment
required to protect the health and safety of the residents of the nursing home or
long-term care facility.
(2) Requirements allowing an essential caregiver to have regular and sustained in-person
visitation and physical access to a resident of the nursing home or long-term care
facility. These requirements may limit the nature and extent of this access, when
taking into consideration public safety concerns, but shall not totally exclude an
essential caregiver's presence.
(3) Procedures to replace an essential caregiver due to necessary circumstances, including
illness or death of the essential caregiver.
(4) A duration, not to exceed thirty (30) days, when a nursing home or long-term care
facility may enter a lock-down phase for the purpose of establishing safety measures
for residents of the nursing home or long-term care facility and the essential caregivers.
(c)(1) A nursing home or long-term care facility may establish additional safety requirements
to protect the residents of the nursing home or long-term care facility if the requirements
meet all of the following criteria:
(i) The requirements are directly linked to a declaration of disaster emergency.
(ii) The requirements are not so burdensome and onerous as to substantially prevent an
essential caregiver from being able to physically or emotionally support a resident
of the nursing home or long-term care facility in person.
(2) A nursing home or long-term care facility may suspend access to the nursing home or
long-term care facility for an essential caregiver who violates the rules and regulations
established under subsection (b) of this section, and the long-term care facility
shall allow the resident, or an individual with decision-making authority for the
resident, to immediately designate a replacement essential caregiver.
(d) A nursing home or long-term care facility may require an essential caregiver to provide
personal protective equipment for himself or herself or assume the cost of the personal
protective equipment provided by the facility to allow the essential caregiver to
provide in-person physical or emotional support.
(e) The provisions of this section shall apply for the period commencing fifteen (15)
days after a declaration of disaster emergency and until sixty (60) days after the
termination or expiration of the declaration of disaster emergency by executive order,
proclamation, or operation of law.