Bill Text: NY A05436 | 2021-2022 | General Assembly | Amended
Bill Title: Directs the office of the state long-term care ombudsman to advertise and promote the long-term care ombudsman program (Part A); directs the commissioner of health, in consultation with the state long-term care ombudsman and the commissioners of the departments responsible for the license or certification of long-term care facilities, to establish policies and procedures for reporting, by staff and volunteers of the long-term care ombudsman program, issues concerning the health, safety and welfare of residents at long-term care facilities (Part B); includes access to state long-term care ombudsman program staff and volunteers within the pandemic emergency plan prepared by residential health care facilities (Part C).
Spectrum: Partisan Bill (Democrat 62-0)
Status: (Engrossed - Dead) 2021-05-26 - substituted by s612b [A05436 Detail]
Download: New_York-2021-A05436-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5436--B R. R. 26 2021-2022 Regular Sessions IN ASSEMBLY February 16, 2021 ___________ Introduced by M. of A. CLARK, GOTTFRIED, WEINSTEIN, KIM, LUNSFORD, BURDICK, FAHY, WALLACE, SIMON, ZINERMAN, GRIFFIN, GONZALEZ-ROJAS, MAGNARELLI, GALEF, FORREST, THIELE, McDONALD, OTIS, MEEKS, BRONSON, ROZIC, CUSICK, STECK, COLTON, BARRETT, BARRON, CRUZ, ANDERSON, SAYEGH, STIRPE, WOERNER, STERN, GLICK, VANEL, CAHILL, L. ROSENTHAL, PICHARDO, RICHARDSON, ZEBROWSKI, WILLIAMS, BICHOTTE HERMELYN, DINOWITZ, J. D. RIVERA, ABBATE, SILLITTI, BUTTENSCHON, CARROLL, LUPARDO, McMA- HON, ABINANTI, GALLAGHER, FALL, JACOBSON, NOLAN, PERRY, PEOPLES-STOKES, HUNTER, JACKSON, SANTABARBARA, KELLES, REYES, COOK -- read once and referred to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- reported and referred to the Committee on Rules -- ordered to a third reading, passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the special order of third reading AN ACT to amend the elder law, in relation to directing the office of the state long-term care ombudsman to advertise and promote the long- term care ombudsman program (Part A); to amend the public health law, in relation to requiring the commissioner of health, in consultation with the state long-term care ombudsman, to establish policies and procedures for reporting, by staff and volunteers of the long-term care ombudsman program, issues concerning the health, safety and welfare of residents at residential health care facilities (Part B); and to amend the public health law, in relation to including access to state long-term care ombudsman program staff and volunteers within the pandemic emergency plan prepared by residential health care facilities (Part C) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04808-06-1A. 5436--B 2 1 Section 1. Short title. This act shall be known and may be cited as 2 the "long-term care ombudsman program reform act". 3 § 2. Legislative intent. This act enacts into law legislation relating 4 to the long-term care ombudsman program. Each component is wholly 5 contained within a Part identified as Parts A through C. The effective 6 date for each particular provision contained within such Part is set 7 forth in the last section of such Part. Any provision in any section 8 contained within a Part, including the effective date of the Part, which 9 makes a reference to a section "of this act", when used in connection 10 with that particular component, shall be deemed to mean and refer to the 11 corresponding section of the Part in which it is found. Section four of 12 this act sets forth the general effective date of this act. 13 PART A 14 Section 1. Section 218 of the elder law is amended by adding a new 15 subdivision 15 to read as follows: 16 15. Long-term care ombudsman program. The office of the state long- 17 term care ombudsman shall facilitate and coordinate the planning and 18 implementation of an awareness program to advertise and promote the 19 long-term care ombudsman program. Such program shall utilize educational 20 and informational materials such as media advertising, billboards, 21 social media and the official website of the long-term care ombudsman 22 program. 23 § 2. This act shall take effect immediately. 24 PART B 25 Section 1. Section 2803 of the public health law is amended by adding 26 a new subdivision 13 to read as follows: 27 13. (a) The commissioner, in consultation with the state long-term 28 care ombudsman, shall promulgate rules and regulations establishing 29 policies and procedures for: (i) reporting to the department, by staff 30 and volunteers of the long-term care ombudsman program, issues identi- 31 fied or witnessed by such staff and volunteers that relate to actions, 32 inactions or decisions that may adversely effect the health, safety and 33 welfare of residents at residential health care facilities licensed or 34 certified by the department in this state. Such policies and procedures 35 shall include, but not be limited to, establishing a telephone hotline 36 and reporting form on the department's website for use by long-term care 37 ombudsman program staff and volunteers for the submission of reports; 38 (ii) timely and regular communications by the department to the state 39 long-term care ombudsman and long-term care ombudsman program staff and 40 volunteers regarding such issues reported by such staff and volunteers 41 pursuant to subparagraph (i) of this paragraph and the resolution of 42 such issues; and 43 (iii) requiring the department to notify ombudsman program staff and 44 volunteers at the facility where such staff and volunteers are assigned 45 of the time when the department will conduct inspections of such facili- 46 ty, including surveillance of such facility, and of any complaints 47 received by the department concerning such facility. 48 (b) Nothing in this subdivision shall be construed to limit in any way 49 a resident's right to privacy and confidentiality pursuant to the regu- 50 lations of the long-term care ombudsman program or the right to refuse 51 to consent to the involvement of the long-term care ombudsman.A. 5436--B 3 1 § 2. This act shall take effect on the ninetieth day after it shall 2 have become a law. Effective immediately, the addition, amendment and/or 3 repeal of any rule or regulation necessary for the implementation of 4 this act on its effective date are authorized to be made and completed 5 on or before such effective date. 6 PART C 7 Section 1. Subparagraph (i) of paragraph (a) of subdivision 12 of 8 section 2803 of the public health law is amended by adding a new clause 9 (C) to read as follows: 10 (C) that includes a method to provide all residents with access, at no 11 cost, to state long-term care ombudsman program staff and volunteers, 12 and that provides state long-term care ombudsman program staff and 13 volunteers with access to the facility; and 14 § 2. This act shall take effect immediately. 15 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 16 sion, section or part of this act shall be adjudged by any court of 17 competent jurisdiction to be invalid, such judgement shall not affect, 18 impair, or invalidate the remainder thereof, but shall be confined in 19 its operation to the clause, sentence, paragraph, subdivision, section 20 or part thereof directly involved in the controversy in which such 21 judgement shall have been rendered. It is hereby declared to be the 22 intent of the legislature that this act would have been enacted even if 23 such invalid provisions had not been included herein. 24 § 4. This act shall take effect immediately provided, however, that 25 the applicable effective date of Parts A through C of this act shall be 26 as specifically set forth in the last section of such Parts.