Provides the right for group home residents to designate an essential person who would be permitted to be present and provide aid to a resident at a group home with unrestricted access; provides for regular testing of such essential persons during COVID-19.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6109
SPONSOR: Miller M TITLE OF BILL:
An act to amend the social services law, in relation to providing for
group home residents to designate an essential person who would be
permitted to be present at the group home with unrestricted access and
provide aid to such resident; to provide for regular COVID-19 testing
for such essential persons for the duration of the COVID-19 state disas-
ter emergency; and providing for the repeal of certain provisions of
such law relating thereto
PURPOSE:
The purpose of this bill is to provide for nursing home residents to
designate an essential person who would be permitted to be present and
provide aid at a nursing home.
SUMMARY OF PROVISIONS:
Section a. Section 2801 of the public health law is amended by adding a
new subdivision 12 to read as follows:
12. "Essential person" shall mean a family member, attorney in fact or
health care proxy who, prior to and after the COVID-19 state disaster
emergency declared pursuant to executive order two hundred two of two
thousand twenty, was or regularly is present at a nursing home three or
more days per week providing assistance to a resident of such nursing
home. Such assistance shall include, by not be limited to, help with
feeding, hygiene, mobility, dressing, emotional support and medication.
Subdivision 3 of section 2803-c of the public health law is amended by
adding a new paragraph r to read:
Every patient shall have the right to designate one individual as an
essential person.
JUSTIFICATION:
The COVID-19 pandemic was devastating for our seniors. Due to the
restrictions' in visiting, residents in nursing homes were completely
isolated. The pandemic revealed just how important it is for a family
member or significant person to be able to continue to visit and provide
the care and emotional support that is so vital for a senior's well-be-
ing. Many of the residents relied on the physical and emotional support
provided by their loved one and in the absence of this during the
pandemic, they suffered from a variety of issues including failure to
thrive, depression, falls, confusion, etc. This will enable any resident
to have the right to assign an essential person, who will be able to '
continue to be there for continuity of care.
LEGISLATIVE HISTORY:
A.10966 2019-20
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6109
2021-2022 Regular Sessions
IN ASSEMBLY
March 10, 2021
___________
Introduced by M. of A. M. MILLER -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to providing for
group home residents to designate an essential person who would be
permitted to be present at the group home with unrestricted access
and provide aid to such resident; to provide for regular COVID-19
testing for such essential persons for the duration of the COVID-19
state disaster emergency; and providing for the repeal of certain
provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 371 of the social services law is amended by adding
2 a new subdivision 22 to read as follows:
3 22. "Essential person" shall mean a family member, attorney in fact or
4 health care proxy who, prior to and after the COVID-19 state disaster
5 emergency declared pursuant to executive order two hundred two of two
6 thousand twenty, was or regularly is present at a group home three or
7 more days per week providing assistance to a resident of such group
8 home. Such assistance shall include, but not be limited to, help with
9 feeding, hygiene, mobility, dressing, emotional support and medication.
10 § 2. The social services law is amended by adding a new section 371-c
11 to read as follows:
12 § 371-c. Rights of group home residents. 1. Every group home resident
13 shall have the right to designate one individual as an essential person.
14 Such essential person shall act as an advocate for the resident, whose
15 duties include, but are not limited to, communicating with group home
16 staff regarding the needs of such resident, reporting any suspected
17 abuse or neglect on behalf of such resident or requesting additional
18 care or a change in the current care plan if necessary.
19 2. Any individual designated as an essential person pursuant to this
20 section shall be permitted unrestricted access and visitation to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10343-01-1
A. 6109 2
1 resident at the group home in which such resident resides in order to
2 provide the necessary aid described pursuant to this section.
3 3. Throughout the duration of the COVID-19 state disaster emergency
4 declared pursuant to executive order two hundred two of two thousand
5 twenty, each group home shall require and provide for essential persons
6 to be tested for COVID-19 on a weekly basis, and each essential person
7 shall be required to wear adequate personal protective equipment (PPE)
8 at all times while on the premises of such facility. If an essential
9 person should test positive for COVID-19, he or she shall be denied
10 access to the group home for a period of fourteen days and shall be
11 required to self-quarantine during such period. At the conclusion of
12 such fourteen-day period, such essential person shall be permitted to
13 return to the group home so long as he or she has no symptoms of and
14 produces a negative test result for COVID-19.
15 § 3. This act shall take effect immediately, provided, however, that
16 subdivision 3 of section 371-c of the social services law as added by
17 section two of this act shall expire and be deemed repealed on the same
18 date the COVID-19 state disaster emergency declared pursuant to execu-
19 tive order 202 of 2020 has been lifted.
