| Chapter 198 |
| 2021 -- S 0006 SUBSTITUTE A Enacted 07/08/2021 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY - RIGHTS OF NURSING HOME PATIENTS |
Introduced By: Senators F Lombardi, McCaffrey, Lombardo, Goodwin, Algiere, de la Cruz, Felag, Coyne, Burke, and Cano |
| Date Introduced: January 11, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 23-17.5 of the General Laws entitled "Rights of Nursing Home |
| Patients" is hereby amended by adding thereto the following section: |
| 23-17.5-32 23-17.5-33 23-17.5-37. Access to nursing homes and long-term care |
| facilities for essential caregivers during declared emergency. |
| (a) For purposes of this section, the following words and phrases shall have the meanings |
| given to them in this subsection unless the context clearly indicates otherwise: |
| (1) "Declaration of disaster emergency" means a disaster emergency declared by the |
| governor pursuant to § 30-15-9. |
| (2) "Essential caregiver" means an individual, whether a family member or friend of a |
| resident of a nursing home or long-term care facility, who is designated by the resident or appointed |
| by an individual with decision-making authority for the resident to provide physical or emotional |
| support to the resident during a declaration of disaster emergency. |
| (3) "Nursing home or long-term care facility" means a facility licensed by the department |
| of health, including a long-term care facility, a skilled nursing facility, an assisted living facility, a |
| personal care home, or an older adult daily living center. |
| (b) The department of health, shall establish rules and regulations to allow a resident of a |
| nursing home or long-term care facility or an individual with decision-making authority for the |
| resident to designate an individual as the resident's essential caregiver during a declaration of |
| disaster emergency. An essential caregiver shall meet the necessary qualifications to enter the long- |
| term care facility to provide in-person physical or emotional support to a resident of a nursing home |
| or long-term care facility in accordance with the rules and regulations established pursuant to this |
| section. The rules and regulations shall include, but not be limited to, all of the following: |
| (1) Safety measures for an essential caregiver, including, but not limited to, restrictions on |
| travel, enhanced testing for communicable diseases, and the necessary safety equipment required |
| to protect the health and safety of the residents of the nursing home or long-term care facility. |
| (2) Requirements allowing an essential caregiver to have regular and sustained in-person |
| visitation and physical access to a resident of the nursing home or long-term care facility. These |
| requirements may limit the nature and extent of this access, when taking into consideration public |
| safety concerns, but shall not totally exclude an essential caregiver’s presence. |
| (3) Procedures to replace an essential caregiver due to necessary circumstances, including |
| illness or death of the essential caregiver. |
| (4) A duration, not to exceed thirty (30) days, when a nursing home or long-term care |
| facility may enter a lock-down phase for the purpose of establishing safety measures for residents |
| of the nursing home or long-term care facility and the essential caregivers. |
| (c)(1) A nursing home or long-term care facility may establish additional safety |
| requirements to protect the residents of the nursing home or long-term care facility if the |
| requirements meet all of the following criteria: |
| (i) The requirements are directly linked to a declaration of disaster emergency. |
| (ii) The requirements are not so burdensome and onerous as to substantially prevent an |
| essential caregiver from being able to physically or emotionally support a resident of the nursing |
| home or long-term care facility in person. |
| (2) A nursing home or long-term care facility may suspend access to the nursing home or |
| long-term care facility for an essential caregiver who violates the rules and regulations established |
| under subsection (b) of this section, and the long-term care facility shall allow the resident, or an |
| individual with decision-making authority for the resident, to immediately designate a replacement |
| essential caregiver. |
| (d) A nursing home or long-term care facility may require an essential caregiver to provide |
| personal protective equipment for himself or herself or assume the cost of the personal protective |
| equipment provided by the facility to allow the essential caregiver to provide in-person physical or |
| emotional support. |
| (e) The provisions of this section shall apply for the period commencing fifteen (15) days |
| after a declaration of disaster emergency and until sixty (60) days after the termination or expiration |
| of the declaration of disaster emergency by executive order, proclamation, or operation of law. |
| SECTION 2. This act shall take effect upon passage. |
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| LC000492/SUB A |
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