§ 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.
History of Section.P.L. 2021, ch. 198, § 1, effective July 8, 2021; P.L. 2021, ch. 370, § 1, effective July 16, 2021.
Structure Rhode Island General Laws
Chapter 23-17.5 - Rights of Nursing Home Patients
Section 23-17.5-1. - Condition of admission.
Section 23-17.5-2. - Care of patient.
Section 23-17.5-3. - Physician.
Section 23-17.5-4. - Rules of nursing homes.
Section 23-17.5-5. - Services and charges.
Section 23-17.5-6. - Care by physician — Disclosure of patient’s medical condition.
Section 23-17.5-7. - Experimentation.
Section 23-17.5-8. - Grievances.
Section 23-17.5-10. - Performance of services by patients.
Section 23-17.5-11. - Participation in activities.
Section 23-17.5-12. - Visitors.
Section 23-17.5-13. - Personal services.
Section 23-17.5-14. - Right to privacy.
Section 23-17.5-15. - Financial affairs.
Section 23-17.5-16. - Married patient.
Section 23-17.5-17. - Transfer to another facility.
Section 23-17.5-18. - Development of responsibilities.
Section 23-17.5-19. - Discrimination.
Section 23-17.5-20. - Posting of law.
Section 23-17.5-21. - Penalties.
Section 23-17.5-22. - Enforcement.
Section 23-17.5-23. - Severability.
Section 23-17.5-25. - Notice on bed-hold policy and readmission.
Section 23-17.5-26. - Smoke-free environment.
Section 23-17.5-27. - Heat relief.
Section 23-17.5-28. - Pain assessment.
Section 23-17.5-29. - Hospice.
Section 23-17.5-30. - Family councils.
Section 23-17.5-31. - Reimbursement of monies prepaid to deceased patient’s estate.
Section 23-17.5-32. - Minimum staffing levels.
Section 23-17.5-33. - Minimum staffing level compliance and enforcement program.
Section 23-17.5-34. - Nursing staff posting requirements.
Section 23-17.5-35. - Staffing plan.