1. As used in this section, the following terms have the following meanings:

1. (a) "personal caregiving visitor" means a family member, close friend, or legal guardian of a resident designated by the resident or the resident's lawful representative to assist with personal caregiving or compassionate caregiving for the resident;
2. (b) "personal caregiving" means care and support of a resident by a personal caregiving visitor that is provided to benefit such resident's mental, physical, or social well-being;
3. (c) "compassionate caregiving" means personal caregiving that is provided in anticipation of the end of a resident's life or in the instance of significant mental, physical, or social decline or crisis of a resident;
4. (d) "resident" means a resident of a nursing home; in relation to a personal caregiving visitor, "resident" means the resident to whom the personal caregiving visitor has been designated to assist with personal caregiving or compassionate caregiving; and
5. (e) "visit" includes assisting with personal caregiving or compassionate caregiving for a resident.

3. The commissioner shall make regulations under this section which shall:

1. (a) require nursing homes to allow personal caregiving visitors to visit residents subject to this section;
2. (b) set forth procedures for the designation of personal caregiving visitors by residents or resident's lawful representatives, which: (i) shall include documentation of each designated personal caregiving visitor in the facility records; (ii) shall include procedures to ensure that the preferences of the resident regarding the designation of a personal caregiving visitor are respected; and (iii) may include, in appropriate circumstances, requiring a health or mental health professional licensed or certified under the education law to state that the personal caregiving will substantially benefit the resident's mental, physical, or social well-being. A nursing home shall not require that the health professional be affiliated with such nursing home;
3. (c) set forth procedures for changing a personal caregiving visitor designation;
4. (d) provide that a resident shall be entitled to designate at least two personal caregiving visitors;
5. (e) provide that personal caregiving visitors shall be exempt from prohibitions on visiting residents at nursing homes, subject to the limitations and requirements of this section;
6. (f) set forth the circumstances under which visiting by personal caregiving visitors may be temporarily limited or suspended at a nursing home to protect the health, safety and welfare of residents, including, but not limited to, local infection rates, temporary inadequate staff capacity, or an acute emergency situation;

7. (g) require, at a minimum, that all personal caregiving visitors follow safety protocols which may include, but need not be limited to:

   1. (i) testing for communicable diseases;
   2. (ii) checking body temperature upon entry into the nursing home;
   3. (iii) health screenings upon entry into the nursing home;
   4. (iv) appropriate use of personal protective equipment;
   5. (v) social distancing (except as necessary for personal caregiving by the personal caregiving visitor for the resident); and
   6. (vi) any other requirement the department deems appropriate;
8. (h) set forth standards for frequency and duration of visits by personal caregiving visitors at nursing homes;
9. (i) set forth standards for limiting the total number of personal caregiving visitors for a resident and/or limiting the total number of personal caregiving visitors allowed to visit a nursing home at any one time based on the circumstances of the residents and the nursing home;
10. (j) require personal caregiving and compassionate caregiving to be documented in the resident's individualized comprehensive plan of care; and
11. (k) make appropriate provisions for compassionate caregiving.