BILL NUMBER: S255
SPONSOR: GALLIVAN
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
Provides residents of nursing homes with unrestricted access to their
designated essential caregiver at any time, including during a declared
state of emergency that restricts visitation, thereby promoting a more
inclusive and compassionate care environment for such residents.
 
SUMMARY OF PROVISIONS:
Section 1: adds new section to public health law to allow access in
every nursing home to essential caregivers during periods when visita-
tion is restricted by order of a federal, state or local authority.
Defines the term "essential caregiver" and outlines the role of the
caregiver. Establishes access for the essential caregiver. Provides the
resident representative to choose the caregiver if the resident is
unable to make an election. Prohibits nursing homes from denying access
to the essential caregiver and requires them to enforce all safety
protocols for the caregiver. Establishes regulations for the caregiver
to comply with. Provides for the commissioner to establish a process for
residents and caregivers to appeal denials of access.
§ 2. Establishes effective date.
 
JUSTIFICATION:
Allowing access to essential caregivers at all times ensures that nurs-
ing home residents experience improved mental well-being, that may lead
to enhanced physical health and a greater quality of life. Moreover,
nursing home residents may be subject to the deprivation of personalized
care and emotional support when such caregivers' access is restricted.
The invaluable role of an essential caregiver, often a family member or
loved one, is also recognized for alleviating the need for assistance
from nursing home staff, in certain instances, thereby allowing such
personnel to focus on clinical care. Importantly, this legislation will
foster a more effective and compassionate response to residents' needs.
 
PRIOR LEGISLATIVE HISTORY:
2024: S.9874/A.10497 Referred to Rules/Referred to Health
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect Immediately.