S T A T E O F N E W Y O R K
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3853
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Aging
AN ACT to amend the elder law, in relation to federal remuneration enti-
tled to be received by a local long term care ombudsman program as a
result of work performed as a patient care ombudsman under 11 USC S333
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 218 of the elder law is amended by adding a new
subdivision 12 to read as follows:
12. FEDERAL REMUNERATION. ANY AND ALL REMUNERATION ENTITLED TO BE
RECEIVED BY A LOCAL LONG TERM CARE OMBUDSMAN PROGRAM FOR WORK PERFORMED
AS A PATIENT CARE OMBUDSMAN UNDER 11 USC S 333 SHALL BE USED EXCLUSIVELY
FOR SUPPLEMENTING AND/OR EXPANDING THE LOCAL LONG TERM CARE OMBUDSMAN
PROGRAM; PROVIDED HOWEVER, THAT AT LEAST TEN PERCENT OF SUCH FUNDS SHALL
BE TRANSFERRED TO THE STATE OFFICE FOR THE AGING TO FUND ACTIVITIES OF
THE OFFICE OF THE STATE OMBUDSMAN THAT SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, ENHANCED TRAINING OF LOCAL LONG TERM CARE OMBUDSMAN VOLUN-
TEERS AND VOLUNTEER RECRUITMENT EFFORTS. ANY REMUNERATION ENTITLED TO BE
RECEIVED PURSUANT TO THIS SUBDIVISION SHALL NOT BE USED FOR THE LOCAL
OFFICE FOR THE AGING, OTHER THAN FOR ITS LOCAL LONG TERM CARE OMBUDSMAN
PROGRAM, THE RESPECTIVE COUNTY'S GENERAL FUND, THE PARENT NOT-FOR-PROFIT
ORGANIZATION OR FOR ANY OTHER PURPOSE NOT SET FORTH IN THIS SUBDIVISION.
THE BUDGET OF A LOCAL LONG TERM CARE OMBUDSMAN PROGRAM AND THE OFFICE OF
THE STATE LONG TERM CARE OMBUDSMAN SHALL NOT BE REDUCED AS A RESULT OF
ANY REMUNERATION ENTITLED TO BE RECEIVED PURSUANT TO THIS SUBDIVISION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06649-01-5