Bill Text: NY A05006 | 2025-2026 | General Assembly | Introduced
Bill Title: Creates the district long-term care ombudsperson council program to coordinate volunteer ombudsperson's in each assembly district.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2025-02-10 - referred to aging [A05006 Detail]
Download: New_York-2025-A05006-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5006 2025-2026 Regular Sessions IN ASSEMBLY February 10, 2025 ___________ Introduced by M. of A. ZINERMAN, BURDICK, FORREST -- read once and referred to the Committee on Aging AN ACT to amend the elder law, in relation to creating the district long-term care ombudsperson council program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 1 of paragraph (e) of subdivision 1 of section 2 218 of the elder law, as added by chapter 259 of the laws of 2018, is 3 amended, and a new paragraph (i) is added to read as follows: 4 (1) is an employee or volunteer of the state office for the aging or 5 of a designated local [ombudsman] ombudsperson entity, or a member of a 6 district long-term care ombudsperson council program and represents the 7 state long-term care [ombudsman] ombudsperson program; 8 (i) "District council" or "district council program" shall mean the 9 district long-term care ombudsperson council program established in 10 subdivision four of this section. 11 § 2. The opening paragraph and subparagraph 7 of paragraph (d) of 12 subdivision 3 of section 218 of the elder law, the opening paragraph as 13 amended by chapter 259 of the laws of 2018 and subparagraph 7 as amended 14 by chapter 770 of the laws of 2023, are amended to read as follows: 15 The state [ombudsman] ombudsperson, personally or through [authorized16representatives] the district long-term care ombudsperson council 17 program established in subdivision four of this section, shall: 18 (7) develop a certification training program and continuing education 19 for [ombudsmen] ombudsperson which at a minimum shall specify the mini- 20 mum hours of training, the annual number of hours of in-service train- 21 ing, and the content of the training, including, but not limited to, 22 training relating to cultural competency and diversity, federal, state, 23 and local laws, regulations, and policies with respect to long-term care 24 facilities in the state, investigative and resolution techniques, and 25 such other training-related matters as the state [ombudsman] ombudsper- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08874-01-5A. 5006 2 1 son determines to be appropriate, for the purposes of training members 2 of the district long-term care ombudsperson council program described in 3 subdivision four of this section, such training shall also include an 4 overview of such program; 5 § 3. Subdivision 4 of section 218 of the elder law, as amended by 6 chapter 259 of the laws of 2018, is amended to read as follows: 7 4. Local long-term care ombudsman program and district long-term 8 ombudsperson council program. (a) The state [ombudsman] ombudsperson, 9 in accordance with applicable state contracting procedures, [may] shall 10 designate an entity to operate a local long-term care [ombudsman] ombud- 11 sperson program for [one or more counties] each assembly district, and 12 shall monitor the performance of each such entity. If the state office 13 for the aging is aware or becomes aware of any evidence that the desig- 14 nation of an entity to operate a long-term care [ombudsman] ombudsperson 15 program by the state long-term care [ombudsman] ombudsperson would 16 result in legal concerns or liability for the state office for the aging 17 or office of the state long-term care [ombudsman] ombudsperson, the 18 state [ombudsman] ombudsperson will comply with the state office for the 19 aging's determination that such designation should not be made. 20 (b) The designated entity shall be an area agency on aging, a public 21 agency or a private not-for-profit corporation which is free from any 22 conflict of interest that cannot be remedied. Any actual and potential 23 conflicts of interest shall be identified and addressed in accordance 24 with subdivision ten of this section. 25 (b-1) The state ombudsperson shall create, in each assembly district, 26 a district long-term care ombudsperson council program to coordinate the 27 volunteers of each local long-term care ombudsperson program within 28 their district. Each district council shall consist of the following 29 members: 30 (i) a trained district coordinator, appointed by the state ombudsper- 31 son, to serve as chair, who shall be paid an annual stipend of two 32 hundred dollars; 33 (ii) a trained district coordinator to serve as co-chair, appointed by 34 the state ombudsperson, who shall be paid an annual stipend of one 35 hundred fifty dollars; 36 (iii) a trained district coordinator, appointed by the state ombud- 37 sperson, to serve as secretary, who shall be paid an annual stipend of 38 one hundred fifty dollars; and 39 (iv) eight or more residents of such district, approved by the chair, 40 co-chair, and secretary of the district council, to serve as trained 41 district advocates, each of whom shall be paid an annual stipend of one 42 hundred fifty dollars. 43 (b-2) The positions of long-term care ombudsperson program volunteer 44 and district long-term care ombudsperson council program advocate shall 45 be listed with the human resources departments of the department of 46 health, state office for the aging, and any other relevant agency. Such 47 listing shall be included on each such agency's website and marketing 48 materials, and such listing shall be displayed on the department of 49 labor website and in state run care facilities. 50 (b-3) Information about the role and responsibility of the district 51 council program and the contact information of the members of such 52 district council program providing services to a long-term care facility 53 shall be included in the welcome packet of all new residents to such 54 facility alongside the patient bill of rights. 55 (c)(1) Each local long-term care [ombudsman] ombudsperson program 56 shall be directed by a qualified individual who is employed and paid byA. 5006 3 1 the local entity and who shall have the duties and responsibilities as 2 provided in regulations, consistent with the provisions of this section 3 and of Title VII of the federal older Americans act of 1965, as amended. 4 Such director shall work with the district council to carry out the 5 requirements of this section. In addition, upon designation, the entity 6 is responsible for providing for adequate and qualified staff, which may 7 include trained volunteers to perform the functions of the local long- 8 term care [ombudsman] ombudsperson program. 9 (2) No local program staff or district council staff, including the 10 supervisor and any volunteers, shall perform or carry out the activities 11 on behalf of the state long-term care [ombudsman] ombudsperson program 12 or the district ombudsperson long-term council program unless such staff 13 has been verified as completing the training program developed by the 14 state [ombudsman] ombudsperson and has been approved by the state 15 [ombudsman] ombudsperson as qualified to carry out the activities on 16 behalf of the local program or district council program. 17 (3) For purposes of the district council such trainings shall be given 18 annually for all new recruits to such program and shall be available in 19 both in-person and online formats. Each council member shall also be 20 required to complete two or more professional development trainings 21 annually. Such professional development trainings shall be developed by 22 the state ombudsperson. 23 (d) When the state [ombudsman] ombudsperson determines that a local 24 long-term care [ombudsman] ombudsperson program does not meet the stand- 25 ards set forth in this section and in any related regulations, the state 26 [ombudsman] ombudsperson, in coordination with the state office for the 27 aging, may refuse, suspend, or remove the designation of the local 28 [ombudsmen] ombudsperson entity. Prior to taking such action, the state 29 [ombudsman] ombudsperson shall send to the affected local program a 30 notice of the state [ombudsman's] ombudsperson's intentions to refuse, 31 suspend, or remove the designation; provided, however, if the state 32 office for the aging is aware or becomes aware of evidence that the 33 designation or continued designation of an entity to operate a long-term 34 care [ombudsman] ombudsperson program would result in legal concerns or 35 liability for the state office for the aging or the office of the state 36 long-term care [ombudsman] ombudsperson, the state ombudsman will comply 37 with the state office for the aging's determination that such desig- 38 nation should not be made or that such designation be refused, 39 suspended, or removed. 40 (e) The state [ombudsman] ombudsperson shall develop a grievance proc- 41 ess to offer an opportunity for reconsideration of any decision to 42 refuse, suspend, or remove the designation of a local [ombudsman] ombud- 43 sperson entity. Notwithstanding the grievance process, the state 44 [ombudsman] ombudsperson shall make the final determination to designate 45 or to refuse, suspend, or remove the designation of a local [ombudsman] 46 ombudsperson entity; provided, however, if the state office for the 47 aging is aware or becomes aware of any evidence that the designation of 48 an entity to operate a long-term care [ombudsman] ombudsperson program 49 by the state long-term care ombudsman or that the failure of the state 50 [ombudsman] ombudsperson to refuse, suspend, or remove the designation 51 of a local [ombudsman] ombudsperson entity would result in legal 52 concerns or liability for the state office for the aging or the office 53 of the state long-term care [ombudsman] ombudsperson, the state [ombuds-54man] ombudsperson will comply with the state office for the aging's 55 determination that such designation should not be made or that such 56 designation be refused, suspended, or removed.A. 5006 4 1 (f) Each district shall receive the sum of eight hundred ten thousand 2 dollars annually for the purposes of administrating the district long- 3 term care ombudsperson council program. 4 § 4. Subdivision 14 of section 218 of the elder law, as amended by 5 chapter 776 of the laws of 2022, is amended to read as follows: 6 14. Annual report. (a) On or before March thirty-first, two thousand 7 five, and annually thereafter, the state [ombudsman] ombudsperson shall 8 submit to the governor, commissioner of the federal administration on 9 aging, speaker of the assembly, temporary president of the senate, 10 director of the state office for the aging, commissioner of the depart- 11 ment of health, and the commissioner of children and family services a 12 report and make such report available to the public: 13 [(a)] (i) describing the activities carried out by the office of the 14 state long-term care [ombudsman] ombudsperson during the prior calendar 15 year; 16 [(b)] (ii) containing and analyzing data relating to complaints and 17 conditions in long-term care facilities and to residents for the purpose 18 of identifying and resolving significant problems, including an examina- 19 tion of any recurring complaints to determine if there are systemic 20 issues in such facilities; 21 [(c)] (iii) evaluating the problems experienced by, and the complaints 22 made by or on behalf of, residents; 23 [(d)] (iv) containing recommendations for appropriate state legis- 24 lation, rules and regulations and other action based on data collected 25 pursuant to this section, concerns raised by residents and families of 26 residents, and observations made when visiting long-term care facili- 27 ties, to improve the quality of the care and life of the residents, 28 protecting the health, safety and welfare and rights of the residents 29 and resolving resident complaints and identified problems or barriers; 30 [(e)] (v) containing an analysis of the success of the long-term care 31 [ombudsman] ombudsperson program, including success in providing 32 services to residents; 33 [(f)] (vi) describing barriers that prevent the optimal operation of 34 the [ombudsman] ombudsperson program; 35 [(g)] (vii) describing any organizational conflicts of interest in the 36 ombudsman program that have been identified and the steps taken to 37 remove or remedy such conflicts; 38 [(h)] (viii) containing all complaints received by the state [ombuds-39man] ombudsperson relating to long-term care facilities including but 40 not limited to complaints that suggest the possible occurrence of phys- 41 ical abuse, mistreatment, neglect or Medicaid fraud, listed by type of 42 complaint, facility name and by region; 43 [(i)] (ix) containing the number of visits to each long-term care 44 facility, listed by facility name and by region, and names of long-term 45 care facilities that did not receive any visits in the prior year; and 46 [(j)] (x) any other matters as the state [ombudsman] ombudsperson, in 47 consultation with the director of the state office for the aging, deter- 48 mines to be appropriate. 49 (b) On or before March thirty-first, two thousand twenty-seven, and 50 annually thereafter, each district long-term care ombudsperson council 51 program shall submit to the attorney general a report and make such 52 report available to the public: 53 (i) describing the activities carried out by the district council 54 program during the prior calendar year;A. 5006 5 1 (ii) containing and analyzing data relating to complaints and condi- 2 tions in long-term care facilities and to residents for the purpose of 3 identifying and resolving significant problems; 4 (iii) evaluating the problems experienced by, and the complaints made 5 by or on behalf of, residents; 6 (iv) containing recommendations for appropriate state legislation, 7 rules and regulations and other action to improve the quality of the 8 care and life of the residents, protecting the health, safety and 9 welfare and rights of the residents and resolving resident complaints 10 and identified problems or barriers; 11 (v) containing an analysis of the success of the district council 12 program, including success in providing services to residents; 13 (vi) describing barriers that prevent the optimal operation of the 14 district council program; 15 (vii) describing any organizational conflicts of interest in the 16 district council program that have been identified and the steps taken 17 to remove or remedy such conflicts; 18 (viii) any other matters as the district council determines to be 19 appropriate; and 20 (ix) in the cases of new nursing homes that are opening in a partic- 21 ular district under a different name or with ownership from a previous 22 facility that was closed or cited for issues by the department of 23 health, provide recommendations for the nursing home to be approved for 24 opening. 25 § 5. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law. Effective immediately, the addition, amend- 27 ment and/or repeal of any rule or regulation necessary for the implemen- 28 tation of this act on its effective date are authorized to be made and 29 completed on or before such effective date.
