NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8520
SPONSOR: Kim TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
department of health to provide the state long-term care ombudsman with
a report on the status of any issues identified by residential health
care facility staff or volunteers of the long-term care ombudsman
program
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend Chapter 770 of the Laws of 2023
related to the reporting and resolution of issues at residential health-
care facilities to effectuate its implementation.
SUMMARY OF PROVISIONS:
Section one of this bill amends subparagraph (ii) of paragraph (a) of
subdivision 14 of section 2803 of the public health law by requiring the
Department of Health to provide the state long term care ombudsman with
a status report on the resolution of a reported issue within 60 days of
the initial report instead of the staff or volunteer who reported such
issue; additional reports are to be provided no less than every 90 days
thereafter instead of every 60 days until the issue is resolved. The
bill defines "resolution" as the closure of a complaint by the Depart-
ment, whether closed as substantiated or unsubstantiated, and "status"
as whether the complaint has been assigned to Department staff for
investigation, whether the complaint remains open under active investi-
gation, or whether the complaint has reached resolution.
Section two sets the effective date.
JUSTIFICATION:
This bill provides necessary clarification to Chapter 770 of the Laws of
2023 to ensure its effective implementation.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the public health law relating to
the reporting and resolution of issues at residential care facilities,
as proposed in legislative bills numbers S.7211 and A.7218, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
8520
IN ASSEMBLY
January 5, 2024
___________
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 requiring the
department of health to provide the state long-term care ombudsman
with a report on the status of any issues identified by residential
health care facility staff or volunteers of the long-term care ombuds-
man program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 14 of
2 section 2803 of the public health law, as amended by a chapter of the
3 laws of 2023 amending the public health law relating to the reporting
4 and resolution of issues at residential care facilities, as proposed in
5 legislative bills numbers S. 7211 and A. 7218, is amended and a new
6 paragraph (c) is added to read as follows:
7 (ii) timely and regular resolution to any such issues reported to the
8 department pursuant to subparagraph (i) of this paragraph. No later than
9 sixty days after the receipt of any such issue, the department shall
10 provide the [staff or volunteer who reported such issue] state long-term
11 care ombudsman a report on the status of such issue. Following the
12 initial report, the department shall provide additional reports to [such
13 staff or volunteer] the state long-term care ombudsman no less than
14 every [sixty] ninety days thereafter until such issue is resolved. Upon
15 resolution of such issue, the department shall provide a timely report
16 to [such staff or volunteer and] the state long-term care ombudsman
17 indicating the manner in which the issue was resolved; and
18 (c) As used in this subdivision: (i) "resolution" shall mean closure
19 of a complaint by the department, whether closed as substantiated or
20 unsubstantiated; and (ii) "status" shall mean whether the complaint has
21 been assigned to department staff for investigation, whether the
22 complaint remains open under active investigation, or whether the
23 complaint has reached resolution.
24 § 2. This act shall take effect on the same date and in the same
25 manner as a chapter of the laws of 2023 amending the public health law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11325-04-4
A. 8520 2
1 relating to the reporting and resolution of issues at residential care
2 facilities, as proposed in legislative bills numbers S. 7211 and A.
3 7218, takes effect.
