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S00612 Summary:

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S00612 Committee Votes:

S00612 Floor Votes:

S00612 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         612--B
            Cal. No. 330
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens.  MAY,  RIVERA,  SKOUFIS, BIAGGI, COONEY, GAUGHRAN,
          HARCKHAM, HINCHEY, JACKSON, KRUEGER, PARKER -- read twice and  ordered
          printed, and when printed to be committed to the Committee on Aging --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee,  ordered to first and second report -- committed to the Committee
          on Rules -- ordered to a third reading, passed by Senate and delivered
          to the Assembly, recalled, vote reconsidered, restored to third  read-
          ing,  amended  and ordered reprinted, retaining its place in the 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:
 
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04808-07-1
        S. 612--B                           2
 
     1  forth  in  the  last  section of such Part. Any provision in any section
     2  contained within a Part, including the effective date of the Part, which
     3  makes a reference to a section "of this act", when  used  in  connection
     4  with that particular component, shall be deemed to mean and refer to the
     5  corresponding  section of the Part in which it is found. Section four of
     6  this act sets forth the general effective date of this act.
 
     7                                   PART A

     8    Section 1. Section 218 of the elder law is amended  by  adding  a  new
     9  subdivision 15 to read as follows:
    10    15.  Long-term  care ombudsman program.  The office of the state long-
    11  term care ombudsman shall facilitate and  coordinate  the  planning  and
    12  implementation  of  an  awareness  program  to advertise and promote the
    13  long-term care ombudsman program. Such program shall utilize educational
    14  and informational  materials  such  as  media  advertising,  billboards,
    15  social  media  and  the official website of the long-term care ombudsman
    16  program.
    17    § 2. This act shall take effect immediately.
 
    18                                   PART B
 
    19    Section 1. Section 2803 of the public health law is amended by  adding
    20  a new subdivision 13 to read as follows:
    21    13.  (a)  The  commissioner,  in consultation with the state long-term
    22  care ombudsman, shall  promulgate  rules  and  regulations  establishing
    23  policies  and  procedures for: (i) reporting to the department, by staff
    24  and volunteers of the long-term care ombudsman program,  issues  identi-
    25  fied  or  witnessed by such staff and volunteers that relate to actions,
    26  inactions or decisions that may adversely effect the health, safety  and
    27  welfare  of  residents at residential health care facilities licensed or
    28  certified by the department in this state. Such policies and  procedures
    29  shall  include,  but not be limited to, establishing a telephone hotline
    30  and reporting form on the department's website for use by long-term care
    31  ombudsman program staff and volunteers for the submission of reports;
    32    (ii) timely and regular communications by the department to the  state
    33  long-term  care ombudsman and long-term care ombudsman program staff and
    34  volunteers regarding such issues reported by such staff  and  volunteers
    35  pursuant  to  subparagraph  (i)  of this paragraph and the resolution of
    36  such issues; and
    37    (iii) requiring the department to notify ombudsman program  staff  and
    38  volunteers  at the facility where such staff and volunteers are assigned
    39  of the time when the department will conduct inspections of such facili-
    40  ty, including surveillance of  such  facility,  and  of  any  complaints
    41  received by the department concerning such facility.
    42    (b) Nothing in this subdivision shall be construed to limit in any way
    43  a  resident's right to privacy and confidentiality pursuant to the regu-
    44  lations of the long-term care ombudsman program or the right  to  refuse
    45  to consent to the involvement of the long-term care ombudsman.
    46    §  2.  This  act shall take effect on the ninetieth day after it shall
    47  have become a law. Effective immediately, the addition, amendment and/or
    48  repeal of any rule or regulation necessary  for  the  implementation  of
    49  this  act  on its effective date are authorized to be made and completed
    50  on or before such effective date.
 
    51                                   PART C
        S. 612--B                           3
 
     1    Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  12  of
     2  section  2803 of the public health law is amended by adding a new clause
     3  (C) to read as follows:
     4    (C) that includes a method to provide all residents with access, at no
     5  cost,  to  state  long-term care ombudsman program staff and volunteers,
     6  and that provides state  long-term  care  ombudsman  program  staff  and
     7  volunteers with access to the facility; and
     8    § 2. This act shall take effect immediately.
     9    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    10  sion,  section  or  part  of  this act shall be adjudged by any court of
    11  competent jurisdiction to be invalid, such judgement shall  not  affect,
    12  impair,  or  invalidate  the remainder thereof, but shall be confined in
    13  its operation to the clause, sentence, paragraph,  subdivision,  section
    14  or  part  thereof  directly  involved  in  the controversy in which such
    15  judgement shall have been rendered. It is  hereby  declared  to  be  the
    16  intent  of the legislature that this act would have been enacted even if
    17  such invalid provisions had not been included herein.
    18    § 4. This act shall take effect immediately  provided,  however,  that
    19  the  applicable effective date of Parts A through C of this act shall be
    20  as specifically set forth in the last section of such Parts.