Senate Bill S8614

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8614
 
                             I N  S E N A T E
 
                              March 22, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  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:
 
   Section 1. Subdivision 13 of section 2803 of the public health law, as
 added  by  section  1  of  part B of chapter 759 of the laws of 2021, is
 amended to read as follows:
   [13.] 14. (a) The commissioner, in consultation with the  state  long-
 term care ombudsman, shall promulgate rules and regulations establishing
 policies  and  procedures [for]: (i) FOR reporting to the department, by
 staff and volunteers of the long-term  care  ombudsman  program,  issues
 identified  or  witnessed  by  such  staff and volunteers that relate to
 actions, inactions or decisions that may adversely  effect  the  health,
 safety  and  welfare  of residents at residential health care facilities
 licensed or certified by the department in this state. Such policies and
 procedures shall include, but not be limited to,  establishing  a  tele-
 phone  hotline and reporting form on the department's website for use by
 long-term care ombudsman program staff and volunteers for the submission
 of reports;
   (ii) FOR timely and regular communications by the  department  to  the
 state  long-term  care  ombudsman  and  long-term care ombudsman program
 staff and volunteers regarding such issues reported by  such  staff  and
 volunteers pursuant to subparagraph (i) of this paragraph and the resol-
 ution of such issues; [and]
   (iii)  requiring  the department to notify ombudsman program staff and
 volunteers at the facility where such staff and volunteers are  assigned
 of the time when the department will conduct inspections of such facili-
 ty,  including  surveillance  of  such  facility,  and of any complaints
 received by the department concerning such facility[.]; AND
   (IV) REQUIRING THE DEPARTMENT,  PRIOR  TO  LICENSING,  CERTIFYING,  OR
 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.
              

                                                            LBD14831-01-2
 S. 8614                             2
 
 TIAL HEALTH CARE FACILITY, TO CONSULT  WITH  THE  STATE  LONG-TERM  CARE
 OMBUDSMAN  TO  INQUIRE  ABOUT COMPLIANCE WITH RELEVANT FEDERAL AND STATE
 LAW BY SUCH FACILITY OR SUCH FACILITY'S OPERATORS, AND ABOUT THE HISTORY
 AND  NATURE OF ANY COMPLAINTS REGARDING SUCH FACILITY OR SUCH FACILITY'S
 OPERATORS.
   (b) Nothing in this subdivision shall be construed to limit in any way
 a resident's right to privacy and confidentiality pursuant to the  regu-
 lations  of  the long-term care ombudsman program or the right to refuse
 to consent to the involvement of the long-term care ombudsman.
   § 2. Subparagraphs 15 and 16 of paragraph  (d)  of  subdivision  3  of
 section  218  of the elder law, as amended by chapter 259 of the laws of
 2018, are amended and a new subparagraph 17 is added to read as follows:
   (15) carry out such other activities as  the  director  of  the  state
 office for the aging determines to be appropriate pursuant to the feder-
 al  older  Americans  act of 1965 and other applicable federal and state
 laws and related regulations as may, from  time  to  time,  be  amended;
 [and]
   (16) in accordance with the regulations promulgated under this section
 provide the director of the state office for the aging with notice prior
 to  performing  the  activities identified in [paragraphs] SUBPARAGRAPHS
 four, six and nine of this [subdivision] PARAGRAPH.   Such notice  shall
 not  give  the  director  of the state office for the aging or any other
 state official the right to pre-approve the position  or  communications
 of the state ombudsman[.]; AND
   (17) UPON REQUEST FROM THE DEPARTMENT OF HEALTH, PREPARE AND DELIVER A
 REPORT TO THE DEPARTMENT OF HEALTH DOCUMENTING THE HISTORY OF COMPLAINTS
 TRACKED  BY  THE  STATE  OMBUDSMAN  REGARDING  A RESIDENTIAL HEALTH CARE
 FACILITY OR SUCH FACILITY'S OPERATOR, ALONG WITH ANY RELEVANT STATEMENTS
 FROM ANY OMBUDSMAN DESCRIBING THE STATE OF SUCH FACILITY.
   § 3. This act shall take effect  immediately;  provided  however  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as section 1 of part B of chapter 759 of the laws  of  2021,
 takes effect.