N.Y. Pub. Health Law § 2801-h
Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 2801-h. Community forum on establishment of certain facilities in\nthe county of Bronx. 1. For any proposed free standing clinic,\noutpatient health care facility or ambulatory health care center that:\n(i) is to be over three stories in height or to contain over thirty\nthousand square feet, (ii) is proposed to be located in the county of\nBronx, and (iii) is sponsored, directly or indirectly, by a hospital,\nthen the sponsoring hospital shall, prior to the establishment of such\nclinic, facility or center, file a notice thereof with the department,\nthe education department and the community board of the locality in\nwhich the clinic, facility or center is to be established.\n 2. Not less than one hundred eighty days nor more than two hundred\nseventy days after receipt of a sponsoring hospital's notice pursuant to\nsubdivision one of this section, the commissioner shall hold a public\ncommunity forum for the purpose of obtaining public and community board\ninput concerning the anticipated impact of the establishment of a free\nstanding clinic, outpatient health care facility or ambulatory health\ncare facility. Such impact may include and relate to: (i) the\nappropriateness of the size, height, bulk dimensions and scope of such\nclinic, facility or center when compared to the surrounding physical\ncharacteristics and social fabric of such community, (ii) the provision\nof adequate motor vehicle parking to accommodate such facility needs and\nwhich does not diminish the current supply of parking for nearby\nresidents or increase traffic congestion near such facility, (iii) the\ncurrent access to appropriate medical facilities or the provision of\nessential medical services to such community, service area and\nsurrounding communities, and (iv) options and proposals to ameliorate or\nmitigate anticipated adverse impacts to the local community. The\ncommissioner shall afford community members, representatives of the\nlocal community board, local businesses and consumers a reasonable\nopportunity to speak about relevant matters at such community forum.\nEvery such forum shall be held upon not less than thirty days notice to\nthe affected community and the local community board.\n 3. The commissioner shall, prior to establishing the date, time and\nlocation of the public community forum, consult with, and obtain the\nadvice and consent of the appropriate community board, as to\nestablishing a convenient date, time and location to conduct the forum\nfor the locally impacted community. Such hearing location shall be\nwithin reasonable proximity to the proposed clinic, facility or center,\nand in suitable facilities that provide adequate room and access to hear\npublic comments presented.\n 4. Not later than ninety days after holding a community forum the\ncommissioner shall make available to the public on the department's\nwebsite the reasons why such facility is, by a preponderance of the\nevidence, in the best interests of those who live within the local\ncommunity and within the local service area as it relates to: (i) the\nappropriateness of the size, height, bulk dimensions and scope of such\nclinic, facility or center when compared to the surrounding physical\ncharacteristics and social fabric of such community, (ii) the provision\nof adequate motor vehicle parking to accommodate such facility needs and\nwhich does not diminish the current supply of parking for nearby\nresidents or increase traffic congestion near such facility, and (iii)\nthe current access to appropriate medical facilities or the provision of\nessential medical services to such community, service area and\nsurrounding communities.\n 5. After due consideration of the comments at the community forum and\nconsultation with the education department, the commissioner shall\neither approve, modify or deny authorization for the establishment of\nany such clinic, facility or center.\n
§ 2801-h. Personal caregiving visitors for nursing home residents\nduring public health emergencies. 1. As used in this section, the\nfollowing 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 a nursing home; in relation to a\npersonal caregiving visitor, "resident" means the resident to whom the\npersonal caregiving visitor has been designated to assist with personal\ncaregiving 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 nursing homes, in compliance with\nfederal law and regulations and state regulations made under this\nsection. Nursing homes shall admit any personal caregiving visitor who\nis in compliance with applicable requirements under this section.\n 3. The commissioner shall make regulations under this section which\nshall:\n (a) require nursing homes to allow personal caregiving visitors to\nvisit 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. A nursing home shall not require\nthat the health professional be affiliated with such nursing home;\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 nursing homes, subject to the\nlimitations 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 a nursing\nhome to protect the health, safety and welfare of residents, including,\nbut not limited to, local infection rates, temporary inadequate staff\ncapacity, 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 nursing home;\n (iii) health screenings upon entry into the nursing home;\n (iv) appropriate use of personal protective equipment;\n (v) social distancing (except as necessary for personal caregiving by\nthe personal caregiving visitor for the resident); and\n (vi) any other requirement the department deems appropriate;\n (h) set forth standards for frequency and duration of visits by\npersonal caregiving visitors at nursing homes;\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 a nursing home at any one\ntime based on the circumstances of the residents and the nursing home;\n (j) require personal caregiving and compassionate caregiving to be\ndocumented in the resident's individualized comprehensive plan of care;\nand\n (k) make appropriate provisions for compassionate caregiving.\n 4. The department shall post the requirements consistent with\nregulations, on its website, including any requirements as to time\nperiods 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 nursing home, or nursing home\noperator or administrator, of any obligation or responsibility imposed\nby 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
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.