Sec. 6. (a) If a facility designates an individual as an essential family caregiver for a resident, the following must occur:
(1) The facility must set forth in writing the hours of visitation and the length of time of the visitation.
(2) The facility shall provide a written list of the rules that the designee must follow, and the designee shall attest to the receipt of and agreement to the rules.
(3) An individualized plan shall be developed by the facility, resident, resident’s designated representative, and each designee for each designation that:
(A) specifies the responsibilities of all parties;
(B) is maintained in the resident’s file;
(C) is provided to both the resident and the designated essential family caregiver;
(D) is developed for both in-person outdoor and indoor visitation, and virtual visits when the essential family caregiver is unable or prohibited from entry due to illness; and
(E) reflects the preferences of the resident and the essential family caregiver while adhering to all state and federal guidelines concerning visitation.
(b) A facility and essential family caregiver shall work together to ensure reasonable visitation times are set in a manner that provides an essential family caregiver the ability to visit the resident.
(c) Upon request of the resident, the resident’s designated representative, the resident’s family, or the resident’s legal representative, the facility shall provide a copy of the individual’s plan described in this section to the long term care ombudsman.
As added by P.L.142-2021, SEC.5. Amended by P.L.220-2021, SEC.8.