Grimaldi and Yeung LLP applauds the decision of the NYS Department of Health to open family visitation in nursing homes and other senior care facilities

 

 

 

 

 

 

On July 10, 2020 the New York State Department of Health issued an advisory to nursing home operators and administrators to now permit outside visitation and limited indoor visitation and activities which will apply to nursing homes in PHASE 3 regions on certain conditions such as:

1. The nursing home is complying with all state a federal guidelines and other state orders and directives
2. They have protocols in place for treating and separating COVID patients
3. The nursing home has filed the required safety plan
4. Staff issues are addressed including: resolving staff shortages, testing of staff and  residents in compliance with state and federal rules. Test results must be available in a timely way
5. No active or new onset of COVID cases of staff or residents for at least 28 days
6. Adherence to written approved daily screening and monitoring protocols for staff, residents and anyone entering the building
7. Posting of nursing home’s formal visitation plan in the facility, on the website and in social media postings

Visitation can resume when the facility meets the above criteria and follows a safety plan to include:

8. Outdoor visiting (weather permitting), with staff assistance. Social distancing required except when wheelchair mobility and assistance requires closer contact
9. Indoor visiting with these limitations:

• In a well-ventilated space
• No more than 10 people in the space
• Social distancing observed
• Masks or face coverings for all in attendance including visits between residents
• No more than two visitors per resident and no more than 10% of the visitors may be in attendance at any one time. Length of the visit will be in compliance with nursing home policy
• Visitors under the age of 18 must be accompanied by an adult 18 years of age or older

10. No visitors allowed for residents who have active COVID or tested positive for 14 days (Prior compassion care exception still in place which was deemed to be imminent death)
11. No visitation in resident’s room (except pediatric visitation for parents and immediate family)
12. Specialty medical care may resume (for example, podiatry, dental) using strict infection control guideline
13. Limited visitation from ombudsman and advocacy organizations with staff supervision, monitoring and infection control
14. Visitors must be screened and if they do not pass the screening guidelines must be denied visitation. Screening guidelines and mask requirements must be posted and screening logs must be kept for review
15. If masks are not available, the NH must provide the required PPE (masks and hand sanitizers) to residents and visitors
16. If visitor fails to adhere to the published protocols, the facility may prohibit visitation
17. Nursing Home facilities must publish a fact sheet of their visitation policy including visiting hours, safety rules and conditions
18. Outside medical visits may still be restricted
19. Communal dining and access to personal services (haircut) will remain restricted
20. If the nursing home is non-compliant with the DOH rules, visitation will be halted to stop the spread of infection
21. This is DOH’s effort to restart limited visitation, but has reserved the right to restrict visitation again if necessary at any point

Caution: Note these rules can be rescinded at any time by the Department of Health and is subject to staff availability to implement the visitation requirements.

This is a summary of the NYS Department of Health requirements. Refer to the Health Advisory for complete details: https://www.health.ny.gov/press/releases/2020/2020-07-10_resumption_of_limited_nh_visitation.htm .

If you have questions concerning these rules or if you need advocacy to enforce you or your family’s visitation, please contact us and/or speak with our attorneys or our firm’s team of care advocates.