S T A T E O F N E W Y O R K ________________________________________________________________________ 4606 2011-2012 Regular Sessions I N A S S E M B L Y February 4, 2011 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Aging AN ACT to amend the elder law, in relation to federal remuneration enti- tled to be received by a local long term care ombudsman program as a result of work performed as a patient care ombudsman under 11 USC S333 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 218 of the elder law is amended by adding a new 2 subdivision 12 to read as follows: 3 12. FEDERAL REMUNERATION. ANY AND ALL REMUNERATION ENTITLED TO BE 4 RECEIVED BY A LOCAL LONG TERM CARE OMBUDSMAN PROGRAM FOR WORK PERFORMED 5 AS A PATIENT CARE OMBUDSMAN UNDER 11 USC S 333 SHALL BE USED EXCLUSIVELY 6 FOR SUPPLEMENTING AND/OR EXPANDING THE LOCAL LONG TERM CARE OMBUDSMAN 7 PROGRAM; PROVIDED HOWEVER, THAT A LEAST TEN PERCENT OF SUCH FUNDS SHALL 8 BE TRANSFERRED TO THE STATE OFFICE FOR THE AGING TO FUND ACTIVITIES OF 9 THE OFFICE OF THE STATE OMBUDSMAN THAT SHALL INCLUDE, BUT SHALL NOT BE 10 LIMITED TO, ENHANCED TRAINING OF LOCAL LONG TERM CARE OMBUDSMAN VOLUN- 11 TEERS AND VOLUNTEER RECRUITMENT EFFORTS. ANY REMUNERATION ENTITLED TO BE 12 RECEIVED PURSUANT TO THIS SUBDIVISION SHALL NOT BE USED FOR THE LOCAL 13 OFFICE FOR THE AGING, OTHER THAN FOR ITS LOCAL LONG TERM CARE OMBUDSMAN 14 PROGRAM, THE RESPECTIVE COUNTY'S GENERAL FUND, THE PARENT NOT-FOR-PROFIT 15 ORGANIZATION OR FOR ANY OTHER PURPOSE NOT SET FORTH IN THIS SUBDIVISION. 16 THE BUDGET OF A LOCAL LONG TERM CARE OMBUDSMAN PROGRAM AND THE OFFICE OF 17 THE STATE LONG TERM CARE OMBUDSMAN SHALL NOT BE REDUCED AS A RESULT OF 18 ANY REMUNERATION ENTITLED TO BE RECEIVED PURSUANT TO THIS SUBDIVISION. 19 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08807-01-1