S1279B2001A07640 MAB:JSL 10/15/20 #90 A07640
AMENDMENTS TO SENATE BILL NO. 1279
Sponsor: SENATOR MENSCH
Printer's No. 2001
Amend Bill, page 1, by inserting between lines 14 and 15
"Compassionate care situation." Any of the following:
(1) An end of life situation.
(2) A resident struggling with the change in environment
and lack of physical family support who was living with
family before being recently admitted to a facility.
(3) A resident who is grieving after a friend or family
member recently passed away.
(4) A resident who is experiencing weight loss or
dehydration and needs cueing and encouragement with eating or
drinking which was previously provided by a family member or
caregiver.
(5) A resident who is experiencing emotional distress,
is seldom speaking or crying more frequently and who used to
talk and interact with others.
Amend Bill, page 2, lines 9 through 15, by striking out all
of lines 9 through 14 and "(3)" in line 15 and inserting
(1)
Amend Bill, page 2, line 18, by striking out "(4)" and
inserting
(2)
Amend Bill, page 2, line 20, by striking out "(5)" and
inserting
(3)
Amend Bill, page 3, line 1, by striking out "Health OR THE
SECRETARY OF"
Amend Bill, page 3, line 9, by striking out "allow" and
inserting
require
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Amend Bill, page 3, line 11, by inserting after "direction"
, including compassionate care situations
Amend Bill, page 3, lines 15 through 30; page 4, lines 1
through 6; by striking out all of said lines on said pages and
inserting
(b) Visitation.--Visitation by an essential family caregiver
may be conducted through different means based on a facility's
structure and the needs of the residents, such as use of
resident rooms, dedicated visitation spaces and the outdoors and
visitation in circumstances beyond compassionate care
situations. The following shall apply:
(1) Except for on-going use of virtual visits,
facilities may still restrict visitation by an essential
family caregiver due to any of the following:
(i) A COVID-19 county positivity rate greater than
10% according to the United States Department of Health
and Human Services Centers for Medicare and Medicaid
Services.
(ii) The facility's COVID-19 status.
(iii) A resident's COVID-19 status.
(iv) Visitor symptoms.
(2) Except as provided under paragraph (1), a facility
may not restrict visitation by an essential family caregiver
without a reasonable clinical or safety cause.
(c) Essential family caregiver requirements.--The decision
to designate an essential family caregiver may be individualized
and integrated with resident-centered care planning. A visit
shall be held outdoors whenever practicable. For inside visits,
the following shall apply:
(1) Designation shall be by the facility executive
director or equivalent position or designee, in consultation
with the resident and the resident's representative, and only
upon agreement by the resident and their representative.
(2) A schedule and the amount of time allowed in a
facility by an essential family caregiver shall be agreed to
prior to an essential family caregiver entering a facility
and may not exceed more than two hours per day.
(3) Notwithstanding any other provision of law,
visitation shall be contingent upon the facility having no
new COVID-19 cases in the last 14 days. No facility may
conduct visitation during the time period the facility is
conducting outbreak testing.
(4) All who enter the facility must be screened for
signs and symptoms of COVID-19 and the denial of entry of
those with signs or symptoms must occur.
(5) Proper hand hygiene must be implemented.
(6) The wearing of a face covering or mask covering both
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the mouth and nose must be enforced.
(7) Physical distancing at least six feet between
individuals shall be maintained by an essential family
caregiver with staff and other residents while in the
facility.
(8) An essential family caregiver shall provide care and
support similar in nature as provided prior to the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020),
and any renewal of the state of disaster emergency.
(9) An essential family caregiver shall adhere to any
conditions specified by the facility.
(10) Restriction or revocation of essential family
caregiver status shall be at the sole discretion of the
facility executive director or equivalent position or
designee.
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See A07640 in
the context
of SB1279