2021 -- S 0006

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LC000492

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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: Senators Lombardi, McCaffrey, Lombardo, Goodwin, Algiere, de la
Cruz, Felag, Coyne, Burke, and Cano

     Date Introduced: January 11, 2021

     Referred To: Senate Health & Human Services

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

illness or death of the essential caregiver.

     (3) 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.

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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

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

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

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

the declaration of disaster emergency.

     This act would take effect upon passage.

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