NY A10497

Requires nursing homes to permit designated "essential caregivers" to visit residents during any period when regular visitation is restricted by federal, state, or local order, with implementation required within 90 days of the law's effective date.

Allows residents to designate essential caregivers who provide assistance with daily living, emotional support, or companionship, with the ability to amend designations at any time; permits resident representatives to make designations for residents unable to do so.

Mandates nursing homes allow at least one essential caregiver access to residents every day at any time during visitation restrictions while enforcing all safety protocols.

Establishes a warning and corrective action process before denying caregiver access, requiring facilities to provide written notice within 24 hours if access is subsequently denied, with information on appeal rights.

Creates a state Department of Health appeals process requiring investigation within 48 hours of denial challenges, with the nursing home bearing the burden of proving protocol violations; violations result in mandatory immediate access restoration, a seven-day corrective action plan requirement, and potential civil penalties up to $5,000.