New York State Assembly

 
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A05436 Summary:

A05436 Actions:

A05436 Committee Votes:

Committee:AGING   Chair:Kim      
DATE:03/01/2021AYE/NAY:29/0  Action: Favorable refer to committee Ways and Means        
Kim
Aye
Tannousis
Aye
Abbate
Aye
Ashby
Aye
Rivera
Aye
Brabenec
Aye
Ramos
Aye
Smith
Aye
Barron
Aye
DeStefano
Aye
Barnwell
Aye
Miller
Aye
Jones
Aye
Gallahan
Aye
Dickens
Aye
Lawler
Aye
Taylor
Aye
Rosenthal
Aye
Stern
Aye
Frontus
Aye
Reyes
Aye
Cruz
Aye
Eichenstein
Aye
Fall
Aye
Clark
Aye
Rajkumar
Aye
Forrest
Aye
Zinerman
Aye
Mamdani
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:03/01/2021AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Nolan
Aye
Hawley
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Blankenbush
Aye
Colton
Excused
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Palmesano
Aye
Aubry
Aye
Byrne
Aye
Cusick
Aye
Ashby
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

Committee:RULES   Chair:Gottfried      
DATE:03/01/2021AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A05436 Floor Votes:

A05436 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5436--B
                                                                    R. R. 26
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  CLARK,  GOTTFRIED, WEINSTEIN, KIM, LUNSFORD,
          BURDICK, FAHY,  WALLACE,  SIMON,  ZINERMAN,  GRIFFIN,  GONZALEZ-ROJAS,
          MAGNARELLI,  GALEF,  FORREST,  THIELE, McDONALD, OTIS, MEEKS, BRONSON,
          ROZIC, CUSICK, STECK, COLTON, BARRETT, BARRON, CRUZ, ANDERSON, SAYEGH,
          STIRPE, WOERNER, STERN, GLICK, VANEL, CAHILL, L. ROSENTHAL,  PICHARDO,
          RICHARDSON,    ZEBROWSKI,   WILLIAMS,   BICHOTTE HERMELYN,   DINOWITZ,
          J. D. RIVERA, ABBATE, SILLITTI, BUTTENSCHON, CARROLL,  LUPARDO,  McMA-
          HON,    ABINANTI,    GALLAGHER,    FALL,   JACOBSON,   NOLAN,   PERRY,
          PEOPLES-STOKES, HUNTER, JACKSON, SANTABARBARA, KELLES, REYES, COOK  --
          read  once  and  referred  to  the  Committee  on  Aging  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported and referred to the  Committee  on  Ways
          and  Means  --  reported  and  referred  to  the Committee on Rules --
          ordered to a third reading, passed by Assembly and  delivered  to  the
          Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the special order  of  third
          reading

        AN  ACT  to  amend the elder law, in relation to directing the office of
          the state long-term care ombudsman to advertise and promote the  long-
          term  care ombudsman program (Part A); to amend the public health law,
          in relation to requiring the commissioner of health,  in  consultation
          with  the  state  long-term  care ombudsman, to establish policies and
          procedures for reporting, by staff and  volunteers  of  the  long-term
          care  ombudsman  program,  issues  concerning  the  health, safety and
          welfare of residents at residential health care facilities  (Part  B);
          and to amend the public health law, in relation to including access to
          state long-term care ombudsman program staff and volunteers within the
          pandemic emergency plan prepared by residential health care facilities
          (Part C)

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04808-06-1
        A. 5436--B                          2
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "long-term care ombudsman program reform act".
     3    § 2. Legislative intent. This act enacts into law legislation relating
     4  to  the  long-term  care  ombudsman  program.  Each  component is wholly
     5  contained within a Part identified as Parts A through C.  The  effective
     6  date  for  each  particular  provision contained within such Part is set
     7  forth in the last section of such Part. Any  provision  in  any  section
     8  contained within a Part, including the effective date of the Part, which
     9  makes  a  reference  to a section "of this act", when used in connection
    10  with that particular component, shall be deemed to mean and refer to the
    11  corresponding section of the Part in which it is found. Section four  of
    12  this act sets forth the general effective date of this act.
 
    13                                   PART A
 
    14    Section  1.  Section  218  of the elder law is amended by adding a new
    15  subdivision 15 to read as follows:
    16    15. Long-term care ombudsman program.  The office of the  state  long-
    17  term  care  ombudsman  shall  facilitate and coordinate the planning and
    18  implementation of an awareness program  to  advertise  and  promote  the
    19  long-term care ombudsman program. Such program shall utilize educational
    20  and  informational  materials  such  as  media  advertising, billboards,
    21  social media and the official website of the  long-term  care  ombudsman
    22  program.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART B
 
    25    Section  1. Section 2803 of the public health law is amended by adding
    26  a new subdivision 13 to read as follows:
    27    13. (a) The commissioner, in consultation  with  the  state  long-term
    28  care  ombudsman,  shall  promulgate  rules  and regulations establishing
    29  policies and procedures for: (i) reporting to the department,  by  staff
    30  and  volunteers  of the long-term care ombudsman program, issues identi-
    31  fied or witnessed by such staff and volunteers that relate  to  actions,
    32  inactions  or decisions that may adversely effect the health, safety and
    33  welfare of residents at residential health care facilities  licensed  or
    34  certified  by the department in this state. Such policies and procedures
    35  shall include, but not be limited to, establishing a  telephone  hotline
    36  and reporting form on the department's website for use by long-term care
    37  ombudsman program staff and volunteers for the submission of reports;
    38    (ii)  timely and regular communications by the department to the state
    39  long-term care ombudsman and long-term care ombudsman program staff  and
    40  volunteers  regarding  such issues reported by such staff and volunteers
    41  pursuant to subparagraph (i) of this paragraph  and  the  resolution  of
    42  such issues; and
    43    (iii)  requiring  the department to notify ombudsman program staff and
    44  volunteers at the facility where such staff and volunteers are  assigned
    45  of the time when the department will conduct inspections of such facili-
    46  ty,  including  surveillance  of  such  facility,  and of any complaints
    47  received by the department concerning such facility.
    48    (b) Nothing in this subdivision shall be construed to limit in any way
    49  a resident's right to privacy and confidentiality pursuant to the  regu-
    50  lations  of  the long-term care ombudsman program or the right to refuse
    51  to consent to the involvement of the long-term care ombudsman.
        A. 5436--B                          3
 
     1    § 2. This act shall take effect on the ninetieth day  after  it  shall
     2  have become a law. Effective immediately, the addition, amendment and/or
     3  repeal  of  any  rule  or regulation necessary for the implementation of
     4  this act on its effective date are authorized to be made  and  completed
     5  on or before such effective date.
 
     6                                   PART C
 
     7    Section  1.  Subparagraph  (i)  of  paragraph (a) of subdivision 12 of
     8  section 2803 of the public health law is amended by adding a new  clause
     9  (C) to read as follows:
    10    (C) that includes a method to provide all residents with access, at no
    11  cost,  to  state  long-term care ombudsman program staff and volunteers,
    12  and that provides state  long-term  care  ombudsman  program  staff  and
    13  volunteers with access to the facility; and
    14    § 2. This act shall take effect immediately.
    15    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    16  sion,  section  or  part  of  this act shall be adjudged by any court of
    17  competent jurisdiction to be invalid, such judgement shall  not  affect,
    18  impair,  or  invalidate  the remainder thereof, but shall be confined in
    19  its operation to the clause, sentence, paragraph,  subdivision,  section
    20  or  part  thereof  directly  involved  in  the controversy in which such
    21  judgement shall have been rendered. It is  hereby  declared  to  be  the
    22  intent  of the legislature that this act would have been enacted even if
    23  such invalid provisions had not been included herein.
    24    § 4. This act shall take effect immediately  provided,  however,  that
    25  the  applicable effective date of Parts A through C of this act shall be
    26  as specifically set forth in the last section of such Parts.