Includes assisted living residences within the definition of long term care facilities for certain purposes; requires assisted living residences to permit access to such facilities by the long term care ombudsman.
STATE OF NEW YORK
________________________________________________________________________
5375
2011-2012 Regular Sessions
IN SENATE
May 13, 2011
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law and the public health law, in relation to
long term care ombudsman access to assisted living facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 218 of the elder
2 law is amended to read as follows:
3 (b) "Long term care facilities" shall mean residential health care
4 facilities as defined in subdivision three of section twenty-eight
5 hundred one of the public health law [and], adult care facilities as
6 defined in subdivision twenty-one of section two of the social services
7 law, and assisted living residences, as defined in article forty-six-B
8 of the public health law, or any facilities which hold themselves out or
9 advertise themselves as providing assisted living services and which are
10 required to be licensed or certified under the social services law or
11 the public health law. Within the amounts appropriated therefor, "long
12 term care facilities" shall also mean managed long term care plans and
13 approved managed long term care or operating demonstrations as defined
14 in section forty-four hundred three-f of the public health law and the
15 term "resident", "residents", "patient" and "patients" shall also
16 include enrollees of such plans.
17 § 2. Paragraph (b) of subdivision 1 of section 218 of the elder law,
18 as amended by section 2 of chapter 642 of the laws of 2004, is amended
19 to read as follows:
20 (b) "Long term care facilities" shall mean residential health care
21 facilities as defined in subdivision three of section twenty-eight
22 hundred one of the public health law, and assisted living residences, as
23 defined in article forty-six-B of the public health law, or any facili-
24 ties which hold themselves out or advertise themselves as providing
25 assisted living services and which are required to be licensed or certi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03333-03-1
S. 5375 2
1 fied under the social services law or the public health law and adult
2 care facilities as defined in subdivision twenty-one of section two of
3 the social services law.
4 § 3. Paragraph l of subdivision 3 of section 2803-c of the public
5 health law, as amended by chapter 719 of the laws of 1989, is amended to
6 read as follows:
7 l. Pursuant to regulations promulgated by the commissioner, no facili-
8 ty or individual and no general hospital providing medical care to
9 persons having been admitted from such facilities or from adult care
10 facilities covered by the provisions of section four hundred sixty-one-b
11 of the social services law, or to applicants for readmission to such
12 facilities or to adult care facilities covered by the provisions of
13 section four hundred sixty-one-b of the social services law, shall
14 restrict or prohibit the access to the facility or general hospital nor
15 interfere with the performance of the official duties, including confi-
16 dential visits with residents, of duly designated persons participating
17 in the long term care ombudsman program as provided for in [sections
18 five hundred forty-four and five hundred forty-five of the executive
19 law] section two hundred eighteen of the elder law.
20 § 4. This act shall take effect immediately, provided however that the
21 amendments to paragraph (b) of subdivision 1 of section 218 of the elder
22 law made by section two of this act shall take effect on the same date
23 and same manner as section 2 of chapter 642 of the laws of 2004, as
24 amended, takes effect.
