* § 2801-h. Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies. 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 such resident or such resident's lawful representative to provide personal caregiving for such resident, including a compassionate caregiving visitor;
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 visitor" means a personal caregiving visitor providing compassionate caregiving to a resident;
4. (d) "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 or social decline or crisis of a resident;
5. (e) "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 provide personal caregiving; and
6. (f) "visit" includes providing personal caregiving to a resident.

7. 2. Personal caregiving visitors may visit residents of nursing homes, subject to this section. 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 may include in appropriate circumstances requiring a physical or mental health professional to state that the personal caregiving will substantially benefit the resident's mental, physical, or social well-being; an nursing home shall not require that the health professional is affiliated with such nursing home;
   3. (c) set forth procedures for changing a personal caregiving visitor designation;
   4. (d) provide that a resident shall not be entitled to designate more than 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 set forth by this subdivision;
   6. (f) set forth the circumstances under which visiting by personal caregiving visitors may be temporarily limited or suspended at a nursing home, 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 required for nursing home staff, including, but not limited to:

      1. (i) testing for communicable diseases;
      2. (ii) checking body temperature;
      3. (iii) health screenings;
      4. (iv) appropriate use of personal protection 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 allowed to visit a nursing home at any one time; and
   10. (j) make appropriate provisions for compassionate caregiving and compassionate caregiving visitors. * NB Effective May 13, 2021