Bill Text: NY S08617 | 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: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-12-23 - SIGNED CHAP.776 [S08617 Detail]

Download: New_York-2021-S08617-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8617--A
            Cal. No. 977

                    IN SENATE

                                     March 22, 2022
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Aging -- reported  favora-
          bly  from  said committee, ordered to first and second report, ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading

        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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14320-07-2
        S. 8617--A                          2

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