Bill > S00255

This bill establishes a comprehensive framework for ensuring nursing home residents' access to essential caregivers during periods of restricted visitation, such as during public health emergencies. An "essential caregiver" is defined as an individual designated by the resident (or their representative if the resident is unable to do so) who provides assistance with daily living activities, emotional support, or companionship. The bill requires nursing homes to allow each resident to designate at least one essential caregiver who can access the facility daily, even when regular visitation is restricted. Essential caregivers must comply with the facility's safety protocols, which can be more stringent than staff requirements. If an essential caregiver fails to follow protocols, the nursing home must first provide a written warning with specific guidance for correction. Only after a subsequent failure can access be denied, and in such cases, the facility must provide a written explanation within 24 hours. The bill also creates an appeal process through the state health department, which must investigate appeals within 48 hours and can require the facility to restore access, develop a corrective action plan, and potentially face monetary penalties up to $5,000 for non-compliance. The goal is to balance resident safety with maintaining critical emotional and practical support for nursing home residents during challenging times.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S255