A5012

An Act concerning long-term care facilities and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Essential caregiver” means a person selected by a resident of a long-term care facility, or by the resident’s guardian or legal representative, which person will have the right of access to and the right to visit with the resident during a state of emergency or an outbreak, epidemic, or pandemic of an infectious disease. An essential caregiver may be, but shall not be limited to, a family member, friend, or guardian of the resident, a person who is qualified to administer moral, religious, or spiritual guidance, or any other person the resident or resident’s legal representative designates. There shall be no requirements or criteria for the designation of an essential caregiver.

“Infectious disease” means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, virus, or prion. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.

"Long-term care facility" means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

2. a. A long-term care facility shall permit a resident or resident’s guardian or legal representative to designate at least two essential caregivers, who shall be authorized to visit in person with the resident during any declared emergency or during an outbreak, epidemic, or pandemic of an infectious disease affecting or likely to affect a long-term care facility.

b. The designated essential caregivers shall be documented in the resident’s plan of care.

c. Essential caregiver visits shall be for periods of time that are at least equal to the time afforded by federal and State law to residents of long-term care facilities for in-person visitation under normal circumstances.

d. The following information shall be posted on the Internet website of each long-term care facility, and shall be transmitted by each long-term care facility, in writing, to residents or residents’ guardians or legal representatives: the rights of residents to designate at least two essential caregivers in the event of a declared emergency or during an outbreak, epidemic, or a pandemic of an infectious disease affecting or likely to affect a long-term care facility; the process by which essential caregivers may be designated; and any associated requirements.

e. A long-term care facility may require an essential caregiver to agree in writing to the long-term care facility’s visitation policies and procedures. A long-term care facility may restrict or revoke visitation for an essential caregiver who violates the long-term care facility’s visitation policies and procedures. An essential caregiver, who acts in accordance with the long-term care facility’s visitation policies and procedures, shall not have visitation restricted or revoked.

f. A long-term care facility shall not impose on essential caregivers any protocols that are stricter than the infection control and prevention protocols that are imposed on the facility’s employees.

g. The Department of Health shall take such actions as are necessary to identify, investigate, and ensure long-term care facilities are in compliance with the provisions of this act.

3. The Commissioner of Health shall adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.

4. This act shall take effect 90 days after the date of enactment.

STATEMENT

This bill regulates visitation for long-term care residents.

The bill defines “essential caregiver” to mean a person selected by a resident of a long-term care facility, or by the resident’s guardian or legal representative, which person will have the right of access to and the right to visit with the resident during a state of emergency or an outbreak, epidemic, or pandemic of an infectious disease. An essential caregiver may be, but shall not be limited to, a family member, friend, or guardian of the resident, a person who is qualified to administer moral, religious, or spiritual guidance, or any other person the resident or resident’s legal representative designates. There are not to be any requirements or criteria for the designation of an essential caregiver.

Under the bill, a long-term care facility is to permit a resident or resident’s guardian or legal representative to designate at least two essential caregivers, who are to be authorized to visit in person with the resident during any declared emergency or during an outbreak, epidemic, or pandemic of an infectious disease affecting or likely to affect a long-term care facility. The designated essential caregivers are to be documented in the resident’s plan of care. Essential caregiver visits are to be for periods of time that are at least equal to the time afforded by federal and State law to residents of long-term care facilities for in-person visitation under normal circumstances.

Under the bill, the following information is to be posted on the Internet website of each long-term care facility, and is to be transmitted by each long-term care facility, in writing, to residents or residents’ guardians or legal representatives: the rights of residents to designate at least two essential caregivers in the event of a declared emergency or during an outbreak, epidemic, or a pandemic of an infectious disease affecting or likely to affect a long-term care facility; the process by which essential caregivers may be designated; and any associated requirements.

The bill provides that a long-term care facility may require an essential caregiver to agree in writing to the long-term care facility’s visitation policies and procedures. A long-term care facility may restrict or revoke visitation for an essential caregiver who violates the long-term care facility’s visitation policies and procedures. An essential caregiver, who acts in accordance with the long-term care facility’s visitation policies and procedures, is not to have visitation restricted or revoked. In addition, a long-term care facility is not to impose on essential caregivers any protocols that are stricter than the infection control and prevention protocols that are imposed on the facility’s employees.

Under the bill, the Department of Health is to take such actions as are necessary to identify, investigate, and ensure long-term care facilities are in compliance with the bill’s provisions.

It is the sponsor’s belief that this bill is necessary to protect long-term care residents, as visitation restrictions imposed during the COVID-19 pandemic resulted in social isolation and other detrimental effects on the health and well-being of long-term care residents.