2021 -- H 5543

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY - RIGHTS OF NURSING HOME PATIENTS

     

     Introduced By: Representatives Speakman, and McNamara

     Date Introduced: February 12, 2021

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 23-17.5 of the General Laws entitled "Rights of Nursing Home

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Patients" is hereby amended by adding thereto the following section:

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     23-17.5-32. Access to nursing homes and long-term care facilities for essential

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caregivers during declared emergency.

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     (a) For purposes of this section, the following words and phrases shall have the meanings

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given to them in this subsection unless the context clearly indicates otherwise:

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     (1) "Declaration of disaster emergency" means a disaster emergency declared by the

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governor pursuant to § 30-15-9.

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     (2) "Essential caregiver" means an individual, whether a family member or friend of a

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resident of a nursing home or long-term care facility, who is designated by the resident or appointed

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by an individual with decision-making authority for the resident to provide physical or emotional

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support to the resident during a declaration of disaster emergency.

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     (3) "Nursing home or long-term care facility" means a facility licensed by the department

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of health, including a long-term care facility, a skilled nursing facility, an assisted living facility, a

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personal care home or an older adult daily living center.

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     (b) The department of health, shall establish rules and regulations to allow a resident of a

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nursing home or long-term care or an individual with decision-making authority for the resident to

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designate an individual as the resident's essential caregiver during a declaration of disaster

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emergency. An essential caregiver shall meet the necessary qualifications to enter the long-term

 

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care facility to provide in-person physical or emotional support to a resident of a nursing home or

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long-term care facility in accordance with the rules and regulations established pursuant to this

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section. The rules and regulations shall include, but not be limited to, all of the following:

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     (1) Safety measures for an essential caregiver, including, but not limited to, restrictions on

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travel, enhanced testing for communicable diseases and the necessary safety equipment required to

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protect the health and safety of the residents of the nursing home or long-term care facility.

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     (2) Procedures to replace an essential caregiver due to necessary circumstances, including

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illness or death of the essential caregiver.

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     (3) A duration, not to exceed thirty (30) days, when a nursing home or long-term care

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facility may enter a lock-down phase for the purpose of establishing safety measures for residents

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of the nursing home or long-term care facility and the essential caregivers.

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     (c)(1) A nursing home or long-term care facility may establish additional safety

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requirements to protect the residents of the nursing home or long-term care facility if the

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requirements meet all of the following criteria:

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     (i) The requirements are directly linked to a declaration of disaster emergency.

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     (ii) The requirements are not so burdensome and onerous as to substantially prevent an

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essential caregiver from being able to physically or emotionally support a resident of the nursing

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home or long-term care facility in person.

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     (2)  A nursing home or long-term care facility may suspend access to the nursing home or

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long-term care facility for an essential caregiver who violates the rules and regulations established

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under subsection (b) of this section, and the long-term care facility shall allow the resident, or an

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individual with decision-making authority for the resident, to immediately designate a replacement

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essential caregiver.

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     (d) A nursing home or long-term care facility may require an essential caregiver to provide

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personal protective equipment for himself or herself or assume the cost of the personal protective

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equipment provided by the facility to allow the essential caregiver to provide in-person physical or

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emotional support.

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     (e) The provisions of this section shall apply for the period commencing fifteen (15) days

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after a declaration of disaster emergency and until sixty (60) days after the termination or expiration

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of the declaration of disaster emergency by executive order, proclamation or operation of law.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - RIGHTS OF NURSING HOME PATIENTS

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     This act would require the department of health to promulgate rules and regulations

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providing for the designation of essential caregivers to provide in-person physical or emotional

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support to a resident of a nursing home or long-term care facility during the period of fifteen (15)

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days after the declaration of disaster emergency and until sixty (60) days after the termination of

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the declaration of disaster emergency.

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     This act would take effect upon passage.

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