caregivers.
The department, in consultation with the Department of Human
Services, shall establish protocols to allow a resident of a
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 long-
term care facility in accordance with the protocols established
under this section. The protocols shall include 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 long-term care facility.
(2) Procedures to replace an essential caregiver due to
necessary circumstances, including illness or death of the
essential caregiver.
(3) A duration, not to exceed 30 days, when a long-term
care facility may enter a lock-down phase for the purpose of
establishing safety measures for residents of the long-term
care facility and essential caregivers.
Section 4. Additional safety requirements for residents of
long-term care facilities.
A long-term care facility may establish additional safety
requirements to protect the residents of the long-term care
facility if the requirements meet all of the following criteria:
(1) The requirements are directly linked to a
declaration of disaster emergency.
(2) 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
long-term care facility in person.
Section 5. Suspension of access for essential caregivers.
A long-term care facility may suspend access to the long-term
care facility for an essential caregiver who violates the
protocols established under section 3, 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.
Section 6. Personal protective equipment for essential
caregivers.
A 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.
Section 7. Applicability.
This act shall apply for the period commencing 15 days after
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