STATE OF NEW YORK
________________________________________________________________________
8592
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Aging
AN ACT to amend the public health law, in relation to the state long-
term care ombudsman program; and to amend part C of a chapter of the
laws of 2021 amending the public health law relating to including
access to state long-term care ombudsman program staff and volunteers
within the pandemic emergency plan prepared by residential health care
facilities, as proposed in legislative bills numbers S. 612-B and A.
5436-B, in relation to the effectiveness thereof
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 part B of a chapter of the laws of 2021, amending the public
3 health law relating to requiring the commissioner of health, in consul-
4 tation with the state long-term care ombudsman, to establish policies
5 and procedures for reporting, by staff and volunteers of the long-term
6 care ombudsman program, issues concerning the health, safety and welfare
7 of residents at residential health care facilities, as proposed in
8 legislative bills numbers S. 612-B and A. 5436-B, is amended to read as
9 follows:
10 13. (a) The commissioner, in consultation with the state long-term
11 care ombudsman, shall [promulgate rules and regulations establishing]
12 establish policies and procedures for: (i) reporting to the department,
13 by staff and volunteers of the long-term care ombudsman program, issues
14 identified or witnessed by such staff and volunteers that relate to
15 actions, inactions or decisions that may adversely [effect] affect the
16 health, safety and welfare of residents at residential health care
17 facilities licensed or certified by the department in this state. Such
18 policies and procedures shall include, but not be limited to, establish-
19 ing a telephone hotline number and reporting form on the department's
20 website for use by long-term care ombudsman program staff and volunteers
21 for the submission of reports;
22 (ii) timely and regular communications by the department to the state
23 long-term care ombudsman [and long-term care ombudsman program staff and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04808-08-2
A. 8592 2
1 volunteers] regarding such issues reported by [such] staff and volun-
2 teers pursuant to subparagraph (i) of this paragraph and the resolution
3 of such issues; and
4 (iii) requiring the department to notify the local ombudsman [program
5 staff and volunteers at the facility where such staff and volunteers are
6 assigned of the time when] entity as defined in paragraph (c) of subdi-
7 vision one of section two hundred eighteen of the elder law after the
8 department [will conduct inspections of such facility, including
9 surveillance of such facility, and of any complaints received by the
10 department concerning such facility] conducts a recertification survey
11 of a facility.
12 (b) Nothing in this subdivision shall be construed to limit in any way
13 a resident's right to privacy and confidentiality pursuant to the regu-
14 lations of the long-term care ombudsman program or the right to refuse
15 to consent to the involvement of the long-term care ombudsman.
16 § 2. Clause (C) of subparagraph (i) of paragraph (a) of subdivision 12
17 of section 2803 of the public health law, as added by part C of a chap-
18 ter of the laws of 2021, amending the public health law relating to
19 including access to state long-term care ombudsman program staff and
20 volunteers within the pandemic emergency plan prepared by residential
21 health care facilities, as proposed in legislative bills numbers S.
22 612-B and A. 5436-B, is amended to read as follows:
23 (C) that includes a method, consistent with any guidance and regu-
24 lations issued by the commissioner, to provide all residents with
25 access, at no cost, to state long-term care ombudsman program staff and
26 volunteers, and that provides state long-term care ombudsman program
27 staff and volunteers with access to the facility; and
28 § 3. Section 2 of part C of a chapter of the laws of 2021, amending
29 the public health law relating to including access to state long-term
30 care ombudsman program staff and volunteers within the pandemic emergen-
31 cy plan prepared by residential health care facilities, as proposed in
32 legislative bills numbers S. 612-B and A. 5436-B, is amended to read as
33 follows:
34 § 2. This act shall take effect [immediately] on the ninetieth day
35 after it shall have become a law.
36 § 4. This act shall take effect immediately; provided, however, that
37 section one of this act shall take effect on the same date and in the
38 same manner as part B of a chapter of the laws of 2021, relating to
39 requiring the commissioner of health, in consultation with the state
40 long-term care ombudsman, to establish policies and procedures for
41 reporting, by staff and volunteers of the long-term care ombudsman
42 program, issues concerning the health, safety and welfare of residents
43 at residential health care facilities, as proposed in legislative bills
44 numbers S. 612-B and A. 5436-B, takes effect; and, provided further,
45 that section two of this act shall take effect on the same date and in
46 the same manner as part C of a chapter of the laws of 2021, relating to
47 including access to state long-term care ombudsman program staff and
48 volunteers within the pandemic emergency plan prepared by residential
49 health care facilities, as proposed in legislative bills numbers S.
50 612-B and A. 5436-B, takes effect.