Bill Text: NY A07218 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the reporting and resolution of issues at residential health care facilities; requires long-term care ombudsmen to receive training in cultural competency and diversity; establishes an outreach and awareness program to promote and recruit long-term care ombudsmen.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced) 2023-06-09 - substituted by s7211 [A07218 Detail]

Download: New_York-2023-A07218-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7218

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 15, 2023
                                       ___________

        Introduced by M. of A. KIM -- read once and referred to the Committee on
          Aging

        AN  ACT to amend the public health law, in relation to the reporting and
          resolution of issues at residential care facilities; and to amend  the
          elder  law,  in  relation  to  establishing  an outreach and awareness
          program to promote and recruit long-term care ombudsman and the train-
          ing of such ombudsmen

          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,
     2  as amended by chapter 19 of the laws of 2022,  is  amended  to  read  as
     3  follows:
     4    [13.]  14.  (a) The commissioner, in consultation with the state long-
     5  term care ombudsman, shall establish policies and  procedures  for:  (i)
     6  reporting  to  the  department, by staff and volunteers of the long-term
     7  care ombudsman program, on issues identified or witnessed by such  staff
     8  and  volunteers  that relate to actions, inactions or decisions that may
     9  adversely affect the health, safety and welfare of residents at residen-
    10  tial health care facilities licensed or certified by the  department  in
    11  this  state.  Such  policies  and  procedures  shall include, but not be
    12  limited to, establishing a telephone hotline number and  reporting  form
    13  on  the department's website for use by long-term care ombudsman program
    14  staff and volunteers for the submission of reports;
    15    (ii) timely and regular [communications by the department to the state
    16  long-term care ombudsman regarding such issues  reported  by  staff  and
    17  volunteers pursuant to subparagraph (i) of this paragraph and the resol-
    18  ution  of  such  issues]  resolution  to any such issues reported to the
    19  department pursuant to subparagraph (i) of this paragraph. No later than
    20  sixty days after the receipt of any such  issue,  the  department  shall
    21  provide  the  staff or volunteer who reported such issue a report on the
    22  status of such issue. Following the initial report, the department shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11325-03-3
        A. 7218                             2

     1  provide additional reports to such staff or volunteer no less than every
     2  sixty days thereafter until such issue is resolved.  Upon resolution  of
     3  such  issue,  the department shall provide a timely report to such staff
     4  or  volunteer  and  the  state  long-term  care ombudsman indicating the
     5  manner in which the issue was resolved; and
     6    (iii) requiring the department to notify the local ombudsman entity as
     7  defined in paragraph (c) of subdivision one of section two hundred eigh-
     8  teen of the elder law after the department  conducts  a  recertification
     9  survey of a facility.
    10    (b) Nothing in this subdivision shall be construed to limit in any way
    11  a  resident's right to privacy and confidentiality pursuant to the regu-
    12  lations of the long-term care ombudsman program or the right  to  refuse
    13  to consent to the involvement of the long-term care ombudsman.
    14    §  2.  Subparagraph 7 of paragraph (d) of subdivision 3 of section 218
    15  of the elder law, as amended by chapter 259 of  the  laws  of  2018,  is
    16  amended to read as follows:
    17    (7)  develop a certification training program and continuing education
    18  for ombudsmen which at a minimum shall  specify  the  minimum  hours  of
    19  training,  the  annual  number  of hours of in-service training, and the
    20  content of the training, including, but not limited to, training  relat-
    21  ing  to  cultural  competency  and  diversity, federal, state, and local
    22  laws, regulations, and policies with respect to long-term  care  facili-
    23  ties  in  the  state,  investigative and resolution techniques, and such
    24  other training-related matters as the state ombudsman determines  to  be
    25  appropriate;
    26    §  3.  Subdivision  15  of  section  218 of the elder law, as added by
    27  section 1 of part A of chapter 759 of the laws of 2021,  is  amended  to
    28  read as follows:
    29    15.  [Long-term  care  ombudsman]  Outreach and awareness program. The
    30  [office of the] state long-term  care  ombudsman  shall  facilitate  and
    31  coordinate  the planning and implementation of an outreach and awareness
    32  program to advertise and promote the long-term  care  ombudsman  program
    33  and  to recruit additional ombudsmen.  Such program shall utilize educa-
    34  tional and informational materials [such as] including, but not  limited
    35  to, media advertising, billboards, social media and the official website
    36  of the long-term care ombudsman program.
    37    § 4. This act shall take effect on the one hundred eightieth day after
    38  it shall have become a law.