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A05449 Summary:

COSPNSRSayegh, Angelino, Solages, Brabenec
Amd §2803, Pub Health L
Provides for regulations to require general hospitals to allow personal caregiving visitors for patients.
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A05449 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     March 10, 2023
        Introduced  by M. of A. GUNTHER, SAYEGH -- read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to personal  caregiv-
          ing visitors for general hospital patients
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 2803 of the public health  law  is
     2  amended by adding a new paragraph (g-1) to read as follows:
     3    (g-1) Consistent with paragraph (g) of this subdivision, the statement
     4  of the rights and responsibilities of patients shall provide that during
     5  a  public health emergency declared under section twenty-four or section
     6  twenty-eight of the executive law patients have a right to  designate  a
     7  family member, lawful representative, or next friend as a personal care-
     8  giving  visitor who may visit the patient in compliance with federal law
     9  and regulations and state regulations made  under  this  paragraph.  The
    10  commissioner  shall  promulgate  regulations  under this paragraph which
    11  shall:
    12    (i) require general hospitals to allow personal caregiving visitors to
    13  visit patients subject to this paragraph;
    14    (ii) set forth procedures for the designation of  personal  caregiving
    15  visitors  by  a  patient or such patient's lawful representative, which:
    16  (A) shall include documentation of each designated  personal  caregiving
    17  visitor  in the facility records; (B) shall include procedures to ensure
    18  that the preferences of the  patient  regarding  the  designation  of  a
    19  personal  caregiving  visitor  are  respected;  and  (C) may include, in
    20  appropriate circumstances, requiring a health or mental  health  profes-
    21  sional  licensed  or certified under the education law to state that the
    22  personal caregiving will substantially  benefit  the  patient's  mental,
    23  physical,  or  social  well-being.  A general hospital shall not require
    24  that the health professional be affiliated with such general hospital;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5449                             2
     1    (iii) set forth procedures for changing a personal caregiving  visitor
     2  designation;
     3    (iv)  provide  that  a patient shall be entitled to designate at least
     4  two personal caregiving visitors;
     5    (v) provide that personal caregiving visitors  shall  be  exempt  from
     6  prohibitions  on  visiting patients at general hospitals, subject to the
     7  limitations and requirements of this section;
     8    (vi) set forth the circumstances  under  which  visiting  by  personal
     9  caregiving visitors may be temporarily limited or suspended at a general
    10  hospital  to protect the health, safety and welfare of patients, includ-
    11  ing, but not limited to, local  infection  rates,  temporary  inadequate
    12  staff capacity, or an acute emergency situation;
    13    (vii)  require,  at  a  minimum, that all personal caregiving visitors
    14  follow safety protocols which may include, but need not be limited to:
    15    (A) testing for communicable diseases;
    16    (B) checking body temperature upon entry into the general hospital;
    17    (C) health screenings upon entry into the general hospital;
    18    (D) appropriate use of personal protective equipment;
    19    (E) social distancing, except as necessary for personal caregiving  by
    20  the personal caregiving visitor for the patient; and
    21    (F) any other requirement the department deems appropriate;
    22    (viii)  set  forth  standards  for frequency and duration of visits by
    23  personal caregiving visitors at general hospitals; and
    24    (ix) set forth standards for limiting the  total  number  of  personal
    25  caregiving  visitors  for  a patient and/or limiting the total number of
    26  personal caregiving visitors allowed to visit a general hospital at  any
    27  one  time  based  on  the  circumstances of the patients and the general
    28  hospital.
    29    § 2. This act shall take effect on the forty-fifth day after it  shall
    30  have become a law. Effective immediately, the addition, amendment and/or
    31  repeal  of  any  rule  or regulation necessary for the implementation of
    32  this act on its effective date are authorized to be made  and  completed
    33  on or before such date.
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