Bill Text: NY S09026 | 2019-2020 | General Assembly | Introduced
Bill Title: Directs the office of the state long-term care ombudsman to provide opportunities for volunteers to work as resident advocates within the long-term care ombudsman program (Part A); directs 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 and safety of residents at nursing homes and residential health 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); requires translations of a patient's rights into the six most common non-English languages of New York State (Part D); and relates to the posting of information relating to the long term care ombudsman program (Part E).
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-10-05 - REFERRED TO RULES [S09026 Detail]
Download: New_York-2019-S09026-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9026 IN SENATE October 5, 2020 ___________ Introduced by Sens. MAY, RIVERA, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the elder law, in relation to directing the office of the state long-term care ombudsman to provide opportunities for volun- teers to work as resident advocates within the long-term care ombuds- man program (Part A); to amend the public health law, in relation to directing the commissioner of health, in consultation with the state long-term care ombudsman, to establish policies and proce- dures for reporting, by staff and volunteers of the long-term care ombudsman program, issues concerning the health and safety of resi- dents at nursing homes and residential health care facilities (Part B); 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); to amend the public health law, in relation to requiring translations of a patient's rights (Part D); and to amend the public health law, in relation to the posting of information relating to the long-term care ombudsman program (Part E) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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 E. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17251-03-0S. 9026 2 1 Section 1. The elder law is amended by adding a new section 218-a to 2 read as follows: 3 § 218-a. Volunteer resident advocates. 1. The office of the state 4 long-term care ombudsman is hereby authorized and directed to provide 5 opportunities for volunteers to work as resident advocates within the 6 long-term care ombudsman program. Such office shall provide that such 7 resident advocates have the same rights and responsibilities as long- 8 term care ombudsmen as set forth in section two hundred eighteen of this 9 title. 10 2. The office of the state long-term care ombudsman shall facilitate 11 and coordinate the planning and implementation of a program to advertise 12 and promote awareness of volunteer resident advocates. Such program 13 shall utilize promotional materials, media advertising, billboards, 14 social media and the official website of the long-term care ombudsman 15 program. 16 3. The office of the state long-term care ombudsman is hereby author- 17 ized and directed to promote rules and regulations necessary for the 18 implementation of this section. 19 § 2. This act shall take effect on the ninetieth day after it shall 20 have become a law. Effective immediately, the addition, amendment and/or 21 repeal of any rule or regulation necessary for the implementation of 22 this act on its effective date are authorized to be made and completed 23 on or before such effective date. 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 reporting to the department, by staff and 30 volunteers of the long-term care ombudsman program, issues observed, 31 discovered or witnessed by such staff and volunteers that concern the 32 health and safety of residents at nursing homes and residential health 33 care facilities in this state. Such policies and procedures shall 34 include, but not be limited to, establishing a telephone hotline and 35 reporting form on the department's website for use by long-term care 36 ombudsman program staff and volunteers for the submission of reports. 37 (b) The commissioner, in consultation with the state long-term care 38 ombudsman, shall promulgate rules and regulations establishing standards 39 for timely and regular communications by the department to the state 40 long-term care ombudsman and long-term care ombudsman program staff and 41 volunteers regarding issues reported by such staff and volunteers pursu- 42 ant to paragraph (a) of this subdivision and the resolution of such 43 issues. 44 (c) The commissioner, in consultation with the state long-term care 45 ombudsman, shall promulgate rules and regulations providing that the 46 department shall notify ombudsman program staff and volunteers, at the 47 facility where such staff and volunteers are assigned, of the time when 48 the department will conduct inspections of such facility, including 49 surveillance of such facility, and to notify ombudsman staff and volun- 50 teers regarding any complaints received by the department concerning 51 such facility. 52 § 2. This act shall take effect on the ninetieth day after it shall 53 have become a law. Effective immediately, the addition, amendment and/or 54 repeal of any rule or regulation necessary for the implementation ofS. 9026 3 1 this act on its effective date are authorized to be made and completed 2 on or before such effective date. 3 PART C 4 Section 1. Subparagraph (i) of paragraph (a) of subdivision 12 of 5 section 2803 of the public health law is amended by adding a new clause 6 (C) to read as follows: 7 (C) that includes a method to provide all residents with access, at no 8 cost, to state long-term care ombudsman program staff and volunteers, 9 and that provides state long-term care ombudsman program staff and 10 volunteers with access to the facility; and 11 § 2. This act shall take effect immediately. 12 PART D 13 Section 1. Section 2803-c of the public health law is amended by 14 adding a new subdivision 6 to read as follows: 15 6. The department shall translate and make available to all facilities 16 the statement in the six most common non-English languages spoken by 17 individuals with limited-English proficiency in New York state as based 18 on the most recent census. Each facility shall post and make available 19 copies of said statement for residents. 20 § 2. This act shall take effect immediately. 21 PART E 22 Section 1. The public health law is amended by adding a new section 23 2803-c-1 to read as follows: 24 § 2803-c-1. Rights of patients in certain medical facilities; long- 25 term care ombudsman program. The commissioner shall require that every 26 nursing home and residential health care facility providing health 27 related service, as defined in subdivisions two and three and paragraph 28 (b) of subdivision four of section twenty-eight hundred one of this 29 article, prominently post in each resident's room, contact information 30 for the state and regional offices of the long term care ombudsman 31 program as provided for in section two hundred eighteen of the elder 32 law, as well as contact information for the facility representative. 33 Such nursing homes and residential health care facilities shall also 34 provide updated contact information for the state and regional offices 35 and facility representatives to all residents and their families twice a 36 year. 37 § 2. This act shall take effect on the one hundred twentieth day after 38 it shall have become a law. 39 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 40 sion, section or part of this act shall be adjudged by any court of 41 competent jurisdiction to be invalid, such judgement shall not affect, 42 impair, or invalidate the remainder thereof, but shall be confined in 43 its operation to the clause, sentence, paragraph, subdivision, section 44 or part thereof directly involved in the controversy in which such 45 judgement shall have been rendered. It is hereby declared to be the 46 intent of the legislature that this act would have been enacted even if 47 such invalid provisions had not been included herein. 48 § 4. This act shall take effect immediately provided, however, that 49 the applicable effective date of Parts A through E of this act shall be 50 as specifically set forth in the last section of such Parts.
