Bill Text: NY A10343 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to coordination between the department of health and the state long-term care ombudsman regarding residential health care facilities, including such facilities' compliance with state and federal law, and histories of complaints.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-13 - referred to health [A10343 Detail]

Download: New_York-2021-A10343-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10343

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Clark) --
          read once and referred to the Committee on Health

        AN ACT to amend the public health law and the elder law, in relation  to
          coordination  between the department of health and the state long-term
          care ombudsman regarding residential health care facilities

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

     1    Section 1. Subdivision 13 of section 2803 of the public health law, as
     2  added  by  section  1  of  part B of chapter 759 of the laws of 2021, is
     3  amended to read as follows:
     4    [13.] 14. (a) The commissioner, in consultation with the  state  long-
     5  term care ombudsman, shall promulgate rules and regulations establishing
     6  policies  and  procedures [for]: (i) for reporting to the department, by
     7  staff and volunteers of the long-term  care  ombudsman  program,  issues
     8  identified  or  witnessed  by  such  staff and volunteers that relate to
     9  actions, inactions or decisions that may adversely  effect  the  health,
    10  safety  and  welfare  of residents at residential health care facilities
    11  licensed or certified by the department in this state. Such policies and
    12  procedures shall include, but not be limited to,  establishing  a  tele-
    13  phone  hotline and reporting form on the department's website for use by
    14  long-term care ombudsman program staff and volunteers for the submission
    15  of reports;
    16    (ii) for timely and regular communications by the  department  to  the
    17  state  long-term  care  ombudsman  and  long-term care ombudsman program
    18  staff and volunteers regarding such issues reported by  such  staff  and
    19  volunteers pursuant to subparagraph (i) of this paragraph and the resol-
    20  ution of such issues; [and]
    21    (iii)  requiring  the department to notify ombudsman program staff and
    22  volunteers at the facility where such staff and volunteers are  assigned
    23  of the time when the department will conduct inspections of such facili-
    24  ty,  including  surveillance  of  such  facility,  and of any complaints
    25  received by the department concerning such facility[.]; and
    26    (iv) requiring the department,  prior  to  licensing,  certifying,  or
    27  recertifying,  or prior to granting a certificate of need to, a residen-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14831-01-2
        A. 10343                            2

     1  tial health care facility, to consult  with  the  state  long-term  care
     2  ombudsman  to  inquire  about compliance with relevant federal and state
     3  law by such facility or such facility's operators, and about the history
     4  and  nature of any complaints regarding such facility or such facility's
     5  operators.
     6    (b) Nothing in this subdivision shall be construed to limit in any way
     7  a resident's right to privacy and confidentiality pursuant to the  regu-
     8  lations  of  the long-term care ombudsman program or the right to refuse
     9  to consent to the involvement of the long-term care ombudsman.
    10    § 2. Subparagraphs 15 and 16 of paragraph  (d)  of  subdivision  3  of
    11  section  218  of the elder law, as amended by chapter 259 of the laws of
    12  2018, are amended and a new subparagraph 17 is added to read as follows:
    13    (15) carry out such other activities as  the  director  of  the  state
    14  office for the aging determines to be appropriate pursuant to the feder-
    15  al  older  Americans  act of 1965 and other applicable federal and state
    16  laws and related regulations as may, from  time  to  time,  be  amended;
    17  [and]
    18    (16) in accordance with the regulations promulgated under this section
    19  provide the director of the state office for the aging with notice prior
    20  to  performing  the  activities identified in [paragraphs] subparagraphs
    21  four, six and nine of this [subdivision] paragraph.   Such notice  shall
    22  not  give  the  director  of the state office for the aging or any other
    23  state official the right to pre-approve the position  or  communications
    24  of the state ombudsman[.]; and
    25    (17) upon request from the department of health, prepare and deliver a
    26  report to the department of health documenting the history of complaints
    27  tracked  by  the  state  ombudsman  regarding  a residential health care
    28  facility or such facility's operator, along with any relevant statements
    29  from any ombudsman describing the state of such facility.
    30    § 3. This act shall take effect  immediately;  provided  however  that
    31  section  one  of  this act shall take effect on the same date and in the
    32  same manner as section 1 of part B of chapter 759 of the laws  of  2021,
    33  takes effect.