Provides for coordination between the department of health and the state long-term care ombudsperson regarding residential health care facilities, including such facilities' compliance with state and federal law, and histories of complaints.
STATE OF NEW YORK
________________________________________________________________________
749
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the elder law, in relation to
coordination between the department of health and the state long-term
care ombudsperson regarding residential health care facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 14 of section 2803 of the public health law, as
2 amended by chapter 770 of the laws of 2023, subparagraph (ii) of para-
3 graph (a) as amended and paragraph (c) as added by chapter 49 of the
4 laws of 2024, is amended to read as follows:
5 14. (a) The commissioner, in consultation with the state long-term
6 care [ombudsman] ombudsperson, shall establish policies and procedures
7 [for]: (i) for reporting to the department, by staff and volunteers of
8 the long-term care [ombudsman] ombudsperson program, on issues identi-
9 fied or witnessed by such staff and volunteers that relate to actions,
10 inactions or decisions that may adversely affect the health, safety and
11 welfare of residents at residential health care facilities licensed or
12 certified by the department in this state. Such policies and procedures
13 shall include, but not be limited to, establishing a telephone hotline
14 number and reporting form on the department's website for use by long-
15 term care [ombudsman] ombudsperson program staff and volunteers for the
16 submission of reports;
17 (ii) for timely and regular resolution to any such issues reported to
18 the department pursuant to subparagraph (i) of this paragraph. No later
19 than sixty days after the receipt of any such issue, the department
20 shall provide the state long-term care [ombudsman] ombudsperson a report
21 on the status of such issue. Following the initial report, the depart-
22 ment shall provide additional reports to the state long-term care
23 [ombudsman] ombudsperson no less than every ninety days thereafter until
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02579-01-5
A. 749 2
1 such issue is resolved. Upon resolution of such issue, the department
2 shall provide a timely report to the state long-term care [ombudsman]
3 ombudsperson indicating the manner in which the issue was resolved;
4 [and]
5 (iii) requiring the department to notify the local [ombudsman] ombud-
6 sperson entity as defined in paragraph (c) of subdivision one of section
7 two hundred eighteen of the elder law after the department conducts a
8 recertification survey of a facility; and
9 (iv) requiring the department, prior to licensing, certifying, or
10 recertifying, or prior to granting a certificate of need to, a residen-
11 tial health care facility, to consult with the state long-term care
12 ombudsperson to inquire about compliance with relevant federal and state
13 law by such facility or such facility's operators, and about the history
14 and nature of any complaints regarding such facility or such facility's
15 operators.
16 (b) Nothing in this subdivision shall be construed to limit in any way
17 a resident's right to privacy and confidentiality pursuant to the regu-
18 lations of the long-term care [ombudsman] ombudsperson program or the
19 right to refuse to consent to the involvement of the long-term care
20 [ombudsman] ombudsperson.
21 (c) As used in this subdivision: (i) "resolution" shall mean closure
22 of a complaint by the department, whether closed as substantiated or
23 unsubstantiated; and (ii) "status" shall mean whether the complaint has
24 been assigned to department staff for investigation, whether the
25 complaint remains open under active investigation, or whether the
26 complaint has reached resolution.
27 § 2. Subparagraphs 15 and 16 of paragraph (d) of subdivision 3 of
28 section 218 of the elder law, as amended by chapter 259 of the laws of
29 2018, are amended and a new subparagraph 17 is added to read as follows:
30 (15) carry out such other activities as the director of the state
31 office for the aging determines to be appropriate pursuant to the feder-
32 al older Americans act of 1965 and other applicable federal and state
33 laws and related regulations as may, from time to time, be amended;
34 [and]
35 (16) in accordance with the regulations promulgated under this section
36 provide the director of the state office for the aging with notice prior
37 to performing the activities identified in [paragraphs] subparagraphs
38 four, six and nine of this [subdivision] paragraph. Such notice shall
39 not give the director of the state office for the aging or any other
40 state official the right to pre-approve the position or communications
41 of the state [ombudsman .] ombudsperson; and
42 (17) upon request from the department of health, prepare and deliver a
43 report to the department of health documenting the history of complaints
44 tracked by the state ombudsperson regarding a residential health care
45 facility or such facility's operator, along with any relevant statements
46 from any ombudsperson describing the state of such facility.
47 § 3. This act shall take effect immediately.
