Provides for coordination between the department of health and the state long-term care ombudsman regarding residential health care facilities, including such facilities' compliance with state and federal law, and histories of complaints.
STATE OF NEW YORK
________________________________________________________________________
3003
2023-2024 Regular Sessions
IN SENATE
January 26, 2023
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed 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 ombudsman 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 13 of section 2803 of the public health law, as
2 amended by chapter 19 of the laws of 2022, is amended to read as
3 follows:
4 [13.] 14. (a) The commissioner, in consultation with the state long-
5 term care ombudsman, shall establish policies and procedures [for]: (i)
6 for reporting to the department, by staff and volunteers of the long-
7 term care ombudsman program, issues identified or witnessed by such
8 staff and volunteers that relate to actions, inactions or decisions that
9 may adversely affect the health, safety and welfare of residents at
10 residential health care facilities licensed or certified by the depart-
11 ment in this state. Such policies and procedures shall include, but not
12 be limited to, establishing a telephone hotline number and reporting
13 form on the department's website for use by long-term care ombudsman
14 program staff and volunteers for the submission of reports;
15 (ii) for timely and regular communications by the department to the
16 state long-term care ombudsman regarding such issues reported by staff
17 and volunteers pursuant to subparagraph (i) of this paragraph and the
18 resolution of such issues; [and]
19 (iii) requiring the department to notify the local ombudsman entity as
20 defined in paragraph (c) of subdivision one of section two hundred eigh-
21 teen of the elder law after the department conducts a recertification
22 survey of a facility[.]; and
23 (iv) requiring the department, prior to licensing, certifying, or
24 recertifying, or prior to granting a certificate of need to, a residen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04765-01-3
S. 3003 2
1 tial health care facility, to consult with the state long-term care
2 ombudsman to inquire about compliance with relevant federal and state
3 law by such facility or such facility's operators, and about the history
4 and nature of any complaints regarding such facility or such facility's
5 operators.
6 (b) Nothing in this subdivision shall be construed to limit in any way
7 a resident's right to privacy and confidentiality pursuant to the regu-
8 lations of the long-term care ombudsman program or the right to refuse
9 to consent to the involvement of the long-term care ombudsman.
10 § 2. Subparagraphs 15 and 16 of paragraph (d) of subdivision 3 of
11 section 218 of the elder law, as amended by chapter 259 of the laws of
12 2018, are amended and a new subparagraph 17 is added to read as follows:
13 (15) carry out such other activities as the director of the state
14 office for the aging determines to be appropriate pursuant to the feder-
15 al older Americans act of 1965 and other applicable federal and state
16 laws and related regulations as may, from time to time, be amended;
17 [and]
18 (16) in accordance with the regulations promulgated under this section
19 provide the director of the state office for the aging with notice prior
20 to performing the activities identified in [paragraphs] subparagraphs
21 four, six and nine of this [subdivision] paragraph. Such notice shall
22 not give the director of the state office for the aging or any other
23 state official the right to pre-approve the position or communications
24 of the state ombudsman[.]; and
25 (17) upon request from the department of health, prepare and deliver a
26 report to the department of health documenting the history of complaints
27 tracked by the state ombudsman regarding a residential health care
28 facility or such facility's operator, along with any relevant statements
29 from any ombudsman describing the state of such facility.
30 § 3. This act shall take effect immediately.
