Sec. 3. (a) A facility shall participate in the essential family caregiver program established and maintained by the state department under section 2 of this chapter.

     (b) A facility shall inform residents of the facility and a resident’s designated representative of the essential family caregiver program and the process for being designated as a resident’s essential family caregiver. The facility’s requirements concerning participation in the program and applying for the designation must be in writing.

     (c) The administrator of a facility, or the administrator’s designee, shall have the discretion to determine whether to designate a person to be an essential family caregiver for a resident. The facility has the burden of proof in justifying the facility’s decision to deny the designation for a person that applies to be an essential family caregiver for a resident under this chapter. If a health facility denies the designation of a person as an essential family caregiver, the health facility must provide the denial to the person in writing with an explanation of the reason for the denial.

     (d) The administrator of a facility or the administrator’s designee shall:

(1) factor in the current status of the facility concerning the declared emergency or public health emergency in determining whether to designate an individual as an essential family caregiver for a resident; and

(2) determine, not later than seven (7) days after receipt of the application, and in consultation with staff of the facility who provide care to the resident, each designation on a case by case basis and as part of an individualized care plan for a resident.

     (e) If an applicant is denied designation as an essential family caregiver by the administrator, the applicant may request in writing that the administrator reconsider designating the applicant as an essential family caregiver. An individual whose application is still denied after reconsideration may report the denial in writing to the state department or the long term care ombudsman if the individual believes that the denial is in violation of this chapter.

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