Bill Text: NY A10045 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to annual reporting requirements of the state long-term care ombudsman; requires additional information to be contained in the state ombudsman's annual reports to the governor, state legislature, etc.; requires an additional annual report to be submitted to the attorney general on instances of abuse, neglect and exploitation, for review and possible enforcement action.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2022-06-03 - substituted by s8617a [A10045 Detail]

Download: New_York-2021-A10045-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10045--A

                   IN ASSEMBLY

                                     April 29, 2022
                                       ___________

        Introduced  by M. of A. CLARK -- read once and referred to the Committee
          on Aging -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT to amend the elder law, in relation to annual reporting require-
          ments of the state long-term care ombudsman

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 14 of section 218 of the elder law, as amended
     2  by chapter 259 of the laws of 2018, is amended to read as follows:
     3    14. Annual report. On or before March thirty-first, two thousand five,
     4  and annually thereafter, the state ombudsman shall submit to the  gover-
     5  nor, commissioner of the federal administration on aging, speaker of the
     6  assembly,  temporary  president  of  the  senate,  director of the state
     7  office for the aging, commissioner of the department of health, and  the
     8  commissioner  of  children  and  family  services a report and make such
     9  report available to the public:
    10    (a) describing the activities carried out by the office of  the  state
    11  long-term care ombudsman during the prior calendar year;
    12    (b)  containing  and  analyzing data relating to complaints and condi-
    13  tions in long-term care facilities and to residents for the  purpose  of
    14  identifying and resolving significant problems, including an examination
    15  of any recurring complaints to determine if there are systemic issues in
    16  such facilities;
    17    (c) evaluating the problems experienced by, and the complaints made by
    18  or on behalf of, residents;
    19    (d)  containing  recommendations  for  appropriate  state legislation,
    20  rules and regulations and other action based on data collected  pursuant
    21  to this section, concerns raised by residents and families of residents,
    22  and  observations  made  when  visiting  long-term  care  facilities, to
    23  improve the quality of the care and life of  the  residents,  protecting
    24  the health, safety and welfare and rights of the residents and resolving
    25  resident complaints and identified problems or barriers;
    26    (e)  containing  an  analysis  of  the  success  of the long-term care
    27  ombudsman program, including success in providing services to residents;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14320-06-2
        A. 10045--A                         2

     1    (f) describing barriers that prevent  the  optimal  operation  of  the
     2  ombudsman program;
     3    (g) describing any organizational conflicts of interest in the ombuds-
     4  man  program  that have been identified and the steps taken to remove or
     5  remedy such conflicts; [and]
     6    (h) containing all complaints received by the state ombudsman relating
     7  to long-term care facilities including but  not  limited  to  complaints
     8  that  suggest  the  possible occurrence of physical abuse, mistreatment,
     9  neglect or Medicaid fraud, listed by type of  complaint,  facility  name
    10  and by region;
    11    (i)  containing  the number of visits to each long-term care facility,
    12  listed by facility name and by  region,  and  names  of  long-term  care
    13  facilities that did not receive any visits in the prior year; and
    14    (j) any other matters as the state ombudsman, in consultation with the
    15  director  of  the state office for the aging, determines to be appropri-
    16  ate.
    17    § 2. This act shall take effect immediately.