STATE OF NEW YORK
________________________________________________________________________
3727
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring nursing
homes to permit essential caregivers access during any period in which
regular visitation is restricted
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 2832 to read as follows:
3 § 2832. Essential caregivers act. 1. Within ninety days of the effec-
4 tive date of this section, every nursing home shall provide access to
5 essential caregivers during periods when visitation is otherwise
6 restricted by order of a federal, state, or local authority or by other
7 operation of law.
8 2. For the purposes of this subdivision, the term "essential caregiv-
9 er" shall mean, with respect to a resident of a nursing home, an indi-
10 vidual who:
11 (a) is designated by or on behalf of the resident pursuant to subdivi-
12 sions three or four of this section; and
13 (b) will provide assistance to such resident, which may include
14 assistance with activities of daily living or providing emotional
15 support or companionship to such resident.
16 3. Every nursing home shall allow each resident of such facility to:
17 (a) designate and have access to essential caregivers for such resi-
18 dent at all times, including during any period in which regular visita-
19 tion is restricted by order of a federal, state, or local authority or
20 by other operation of law; and
21 (b) amend such designation at any time.
22 4. Where a resident is unable, by reason of physical or mental disa-
23 bility, to make an election described in subdivision two of this
24 section, the resident representative for such resident shall be permit-
25 ted to make such designation for such resident.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01065-01-5
A. 3727 2
1 5. During a period in which regular visitation is restricted by order
2 of a federal, state, or local authority or by other operation of law, a
3 nursing home shall:
4 (a) not deny in-person access to a resident by an essential caregiver
5 except as provided in this section;
6 (b) allow at least one essential caregiver to have access to and
7 provide assistance to such resident at such facility every day and at
8 any time; and
9 (c) enforce all safety protocols with respect to essential caregivers.
10 6. (a) No essential caregiver who complies with all safety protocols
11 and other safety rules with respect to essential caregivers shall be
12 denied access to the nursing home of the resident involved.
13 (b) An essential caregiver shall agree to comply with all safety
14 protocols and other rules established by such facility, which shall be
15 clearly specified in writing and may be more restrictive than the safety
16 protocols (including safety standards and entry requirement) applicable
17 to staff of such facility.
18 (c) If an essential caregiver fails to comply with any safety proto-
19 cols of a facility, such facility must first provide a warning to the
20 essential caregiver and the resident, in writing, citing specific issues
21 of non-compliance and providing clear guidance for corrective measures.
22 (d) If an essential caregiver or resident, after receiving a notifica-
23 tion of non-compliance described in paragraph (c) of this subdivision,
24 fails to take corrective action, the essential caregiver may subsequent-
25 ly be denied access to the resident. In such cases, the facility shall
26 provide to such caregiver and such resident (or health care proxy of
27 such resident), not later than twenty-four hours after such denial of
28 access occurs, a written explanation as to why such caregiver was denied
29 access to such resident. Such explanation must include the resident's
30 and caregiver's options for appeal under the processes established under
31 subdivision seven of this section.
32 7. (a) The commissioner shall establish a process for residents and
33 caregivers to appeal denials of access.
34 (b) The department shall:
35 (i) receive appeals from residents and essential caregivers challeng-
36 ing a decision by a nursing home to deny access under subdivision six of
37 this section; and
38 (ii) investigate all such appeals within forty-eight hours of receipt.
39 (c) Upon appeal of a denial of access, the nursing home shall have the
40 burden of establishing that the essential caregiver violated any proto-
41 cols applicable to an essential caregiver.
42 (d) The department shall make a determination as to whether a nursing
43 home violated a requirement or prohibition of this subdivision within
44 forty-eight hours of commencing its investigation. If the agency deter-
45 mines that a facility has violated the provisions of this section, the
46 department shall:
47 (i) require the facility to allow immediate access to the essential
48 caregiver in question;
49 (ii) require the facility to establish a corrective action plan to
50 prevent the recurrence of such violation within a seven-day period of
51 receiving notice from the agency; and
52 (iii) impose a civil monetary penalty in an amount to be determined by
53 the agency (not to exceed five thousand dollars) if such facility fails
54 to implement the corrective action plan within the seven-day period
55 specified in subparagraph (ii) of this paragraph.
56 § 2. This act shall take effect immediately.
