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Clemente Asked February 2021

Are Compassionate Care visits currently allowed to nursing homes in New York?

Can anyone tell me with certainty if Compassionate Care visits are currently allowed to Nursing Homes in New York state for reasons other than end of life?


Specifically, if a loved one in a nursing home has been experiencing serious emotional/mental health issues for several months?


I would ideally like to know the law or statute that I can show the nursing home our Mom is in that these visits are currently allowable, nursing home is saying our family can't do Compassionate Care visits as Mom is not in an end of life situation (she is very frail, though, with numerous serious underlying health issues).


Are the rules for Compassionate Care visits regulated through one or more agencies (i.e. NYS Dept. of Health, CMS, etc.). I really need to be able to show which law it is, and that it is still in force (not expired, or waiting for renewal, etc) to prove to the Nursing Home I (and hopefully other family members) can visit Mom in person at the Nursing Home.


Thanks in advance for any and all help you can provide, Mom seriously needs visitation in person by family.

JoAnn29 Feb 2021
I looked up Compassionate Care NYS and it comes up Compassionate Care Act which is refers to medical marijuana. And the Health Dept seems to be involved with that. There are Compassionate care Hospices that come up as separate entities. I live in NJ. I had Compassionate care hospice for Mom and the NH set it up. I have never heard of a State being involved with Hospice. Medicare, if ur on it, pays for it. I would call the NH and see if they can give u the info. Talk to the head nurse.

JoAnn29 Feb 2021
This is a question for Compassionate Care. They should be aware of any laws pertaining to hospice care. Would they be allowed to evaluate LO. Even if they deem her needing Hospice, its the facility you have to deal with. They need to protect their staff and other residents. My SIL just lost her Mom and only she was allowed to be with her out of 3 children. So I don't see any facility allowing regular visits.

IMO, its going to take a while to vaccinate everyone. Not enough is known how this vaccine is going to work. How long will it last? How effective will it be? Will we still get it but just a lighter case?
It has been said that restrictions will still be kept in place, like masks and restaurants. I don't think things will open up overnight.
Clemente Feb 2021
Challenge is hat I don't know who runs the Compassionate Care program, for New York State residents is it administered by NYS Dept. of Health, or by the CDC, etc? If that can be found out then I can call the appropriate agency to get most recent updated rules.

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AnnReid Feb 2021
My LO has suffered two bouts with the virus, and we have not seen her since early October.

In our situation, I have a sense that there isn’t hard and fast law. I had VERY HIGH HOPES before her most recent case of Covid, but her status when she recovered was “isolation”.

She has now been vaccinated, but although I have also had Covid myself, and have had a PCR in the last week indicating that I am virus negative, I’m not at all sure that I will be allowed to visit.

There are actually SO MANY DIFFERENT DETAILS to each case that I’m not even sure there are end of life visits in my LO’s facility just now.

I was able to tell my LO that I loved her in October, but I often wonder if she will be able to wait for me until I can hug her. I truly understand the heartbreak of your circumstances, because I too am living them.

If I should find out otherwise, I will post back.
Clemente Feb 2021
Thanks Anne, it really is a heartbreaker for all having loved ones in lockdown especially when it is since the pandemic started in March. I don't know how much longer Mom can stand the isolation and survive, both mentally as well as physically.
BarbBrooklyn Feb 2021
Clemente, this is the latest press release I can find from Dr. Zucker's office.
Clemente Feb 2021
Hi BarbBrooklyn, I think you meant to send me a link to the press release, I don't see it here. Can you send again? Thanks.

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