|SAME AS||SAME AS S08617-A|
|COSPNSR||McDonald, Gonzalez-Rojas, Galef, Bronson, Gunther, Ashby, Simpson, Woerner, Rosenthal L, Simon, Griffin|
|Amd §218, Eld L|
|Relates to annual reporting requirements of the state long-term care ombudsman; requires additional information to be contained in the state ombudsman's annual reports to the governor, state legislature, etc.; requires an additional annual report to be submitted to the attorney general on instances of abuse, neglect and exploitation, for review and possible enforcement action.|
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STATE OF NEW YORK ________________________________________________________________________ 10045--A IN ASSEMBLY April 29, 2022 ___________ Introduced by M. of A. CLARK -- read once and referred to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the elder law, in relation to annual reporting require- ments of the state long-term care ombudsman 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 218 of the elder law, as amended 2 by chapter 259 of the laws of 2018, is amended to read as follows: 3 14. Annual report. On or before March thirty-first, two thousand five, 4 and annually thereafter, the state ombudsman shall submit to the gover- 5 nor, commissioner of the federal administration on aging, speaker of the 6 assembly, temporary president of the senate, director of the state 7 office for the aging, commissioner of the department of health, and the 8 commissioner of children and family services a report and make such 9 report available to the public: 10 (a) describing the activities carried out by the office of the state 11 long-term care ombudsman during the prior calendar year; 12 (b) containing and analyzing data relating to complaints and condi- 13 tions in long-term care facilities and to residents for the purpose of 14 identifying and resolving significant problems, including an examination 15 of any recurring complaints to determine if there are systemic issues in 16 such facilities; 17 (c) evaluating the problems experienced by, and the complaints made by 18 or on behalf of, residents; 19 (d) containing recommendations for appropriate state legislation, 20 rules and regulations and other action based on data collected pursuant 21 to this section, concerns raised by residents and families of residents, 22 and observations made when visiting long-term care facilities, to 23 improve the quality of the care and life of the residents, protecting 24 the health, safety and welfare and rights of the residents and resolving 25 resident complaints and identified problems or barriers; 26 (e) containing an analysis of the success of the long-term care 27 ombudsman program, including success in providing services to residents; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14320-06-2A. 10045--A 2 1 (f) describing barriers that prevent the optimal operation of the 2 ombudsman program; 3 (g) describing any organizational conflicts of interest in the ombuds- 4 man program that have been identified and the steps taken to remove or 5 remedy such conflicts; [ and] 6 (h) containing all complaints received by the state ombudsman relating 7 to long-term care facilities including but not limited to complaints 8 that suggest the possible occurrence of physical abuse, mistreatment, 9 neglect or Medicaid fraud, listed by type of complaint, facility name 10 and by region; 11 (i) containing the number of visits to each long-term care facility, 12 listed by facility name and by region, and names of long-term care 13 facilities that did not receive any visits in the prior year; and 14 (j) any other matters as the state ombudsman, in consultation with the 15 director of the state office for the aging, determines to be appropri- 16 ate. 17 § 2. This act shall take effect immediately.