STATE OF NEW YORK
        ________________________________________________________________________

                                          6109

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

        Introduced  by  M.  of  A.  M. MILLER  --  read once and referred to the
          Committee on Health

        AN ACT to amend the social services law, in relation  to  providing  for
          group  home  residents  to  designate an essential person who would be
          permitted to be present  at the group home  with  unrestricted  access
          and  provide  aid  to  such  resident; to provide for regular COVID-19
          testing for such essential persons for the duration  of  the  COVID-19
          state  disaster  emergency;  and  providing  for the repeal of certain
          provisions of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 371 of the social services law is amended by adding
     2  a new subdivision 22 to read as follows:
     3    22. "Essential person" shall mean a family member, attorney in fact or
     4  health  care  proxy  who, prior to and after the COVID-19 state disaster
     5  emergency declared pursuant to executive order two hundred  two  of  two
     6  thousand  twenty,  was  or regularly is present at a group home three or
     7  more days per week providing assistance to  a  resident  of  such  group
     8  home.  Such  assistance  shall include, but not be limited to, help with
     9  feeding, hygiene, mobility, dressing, emotional support and medication.
    10    § 2. The social services law is amended by adding a new section  371-c
    11  to read as follows:
    12    §  371-c. Rights of group home residents. 1. Every group home resident
    13  shall have the right to designate one individual as an essential person.
    14  Such essential person shall act as an advocate for the  resident,  whose
    15  duties  include,  but  are not limited to, communicating with group home
    16  staff regarding the needs of  such  resident,  reporting  any  suspected
    17  abuse  or  neglect  on  behalf of such resident or requesting additional
    18  care or a change in the current care plan if necessary.
    19    2. Any individual designated as an essential person pursuant  to  this
    20  section  shall  be  permitted  unrestricted access and visitation to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10343-01-1

        A. 6109                             2

     1  resident at the group home in which such resident resides  in  order  to
     2  provide the necessary aid described pursuant to this section.
     3    3.  Throughout  the  duration of the COVID-19 state disaster emergency
     4  declared pursuant to executive order two hundred  two  of  two  thousand
     5  twenty,  each group home shall require and provide for essential persons
     6  to be tested for COVID-19 on a weekly basis, and each  essential  person
     7  shall  be  required to wear adequate personal protective equipment (PPE)
     8  at all times while on the premises of such  facility.  If  an  essential
     9  person  should  test  positive  for  COVID-19, he or she shall be denied
    10  access to the group home for a period of  fourteen  days  and  shall  be
    11  required  to  self-quarantine  during  such period. At the conclusion of
    12  such fourteen-day period, such essential person shall  be  permitted  to
    13  return  to  the  group  home so long as he or she has no symptoms of and
    14  produces a negative test result for COVID-19.
    15    § 3. This act shall take effect immediately, provided,  however,  that
    16  subdivision  3  of  section 371-c of the social services law as added by
    17  section two of this act shall expire and be deemed repealed on the  same
    18  date  the  COVID-19 state disaster emergency declared pursuant to execu-
    19  tive order 202 of 2020 has been lifted.