Sec. 2. The state department shall adopt standards and guidelines concerning the essential family caregiver program to be implemented during a declared emergency or a public health emergency for the purpose of establishing protocols for a facility to designate a person chosen by a resident or a resident’s designated representative to assist the facility in providing care to the resident that was previously provided by the person before restrictions were placed on visitation due to a declared emergency or a public health emergency when visitation is limited or restricted. Either:

(1) the resident; or

(2) if the individual has been deemed to be incapacitated or is a resident of a memory care unit, the resident’s designated representative;

shall make the determination. The facility shall allow at least two (2) individuals per resident to be designated, and the resident or the resident’s designated representative shall determine the identity of the primary essential family caregiver to serve as the resident’s main point of contact for communication and care coordination.

As added by P.L.142-2021, SEC.5.