NY State Senate Bill S612

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.121 signed chap.759
Dec 10, 2021	delivered to governor
May 26, 2021	returned to senate passed assembly ordered to third reading rules cal.26 substituted for a5436b referred to ways and means returned to assembly repassed senate
May 19, 2021	amended on third reading (t) 612b
May 19, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
Feb 22, 2021	referred to aging delivered to assembly passed senate ordered to third reading cal.330 committed to rules
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.330
Feb 03, 2021	print number 612a
Feb 03, 2021	amend (t) and recommit to aging
Jan 06, 2021	referred to aging

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S612 - Details

Law Section:: Elder Law
Laws Affected:: Add §218-a, Eld L; amd §§2803 & 2803-c, add §2803-c-1, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9026

S612 - Summary

Directs the office of the state long-term care ombudsman to advertise and promote the long-term care ombudsman program (Part A); directs the commissioner of health, in consultation with the state long-term care ombudsman and the commissioners of the departments responsible for the license or certification of long-term care facilities, to establish policies and procedures for reporting, by staff and volunteers of the long-term care ombudsman program, issues concerning the health, safety and welfare of residents at long-term care facilities (Part B); includes access to state long-term care ombudsman program staff and volunteers within the pandemic emergency plan prepared by residential health care facilities (Part C).

S612 - Sponsor Memo

 
BILL NUMBER: S612

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the elder law, in relation to directing the office of
the state long-term care ombudsman to provide opportunities for volun-
teers to work as resident advocates within the long-term care ombudsman
program (Part A); to amend the public health  law, in relation to
directing the commissioner  of  health,  in consultation with  the
state   long-term   care ombudsman, to establish policies and procedures
for  reporting, by staff and volunteers of the long-term care ombudsman
program, issues concerning the health and safety  of  residents at
nursing  homes  and  residential health care facilities (Part B); to
amend the public health law, in relation to including access to state
long-term care ombudsman program staff and volunteers within the pandem-
ic emergency plan prepared by residential health care facilities (Part
C); to amend the public health law, in relation to requiring trans-
lations of a patient's rights (Part D); and to amend the public health
law, in relation to the posting of information relating to the long-term
care ombudsman program (Part E)

PURPOSE:

This bill enacts a series of reforms to the State Long-Term Care Ombuds-
man program and related programs to increase accessibility for residents
of nursing home and residential care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Short title, sets name of the bill as the Long-Term Care
Ombudsman Program Reform Act.

Section 2: Legislative intent.

Part A: Adds a new section 218-a to the elder law. This section directs
the office of the State Long-Term Care Ombudsman program to provide
opportunities for volunteers to work as resident advocates within the
program and to develop a program to advertise and promote awareness of
the resident advocates program. This part is effective 90 days after
becoming law.

Part B: Adds a new subdivision 13 to section 2803 of the public health
law. This part requires the department of health to establish policies
and procedures allowing for staff and volunteers of the ombudsman
program to report issues directly to the department of health. These
procedures will involve establishing a hotline and portion of the
department's website specifically for use by ombudsman staff and volun-
teers. It also requires the department to develop rules establishing
standards for timely and regular communications to the ombudsman program
and staff regarding issues reported by staff and volunteers, and to
notify ombudsman staff and volunteers when inspections are being
conducted at or complaints are received at their assigned facilities.
This part is effective 90 days after becoming law.

Part C: Amends subparagraph (i) of paragraph (a) of subdivision 12 of
section 2803 of the public health law. This adds a plan to facilitate
access to state long-term care ombudsman staff and volunteers within a

facility's pandemic preparedness plan. This part is effective immediate-
ly.

Part D: Amends section 2803-c of the public health law by adding a new
subdivision 6. This section requires the department of health to trans-
late the nursing home residents' bill of rights into the six most common
non-English languages spoken in New York State. Each facility will post
and make available such translation to residents.  This part is effec-
tive immediately.

Part E: Adds a new section 2803-c-1 to the public health law. This
section requires that facilities in the state prominently post in each
resident's room the contact information for the state and regional
offices of the long-term care ombudsman program, as well as contact
information for the facility representative. They shall also provide
updated such contact information to all residents and their families
twice a year. This part is effective 120 days after becoming law.

Section 3: Severability clause.

Section 4: Sets effective date, provided that applicable effective dates
of Parts A through E are specifically set within the respective parts.

 
JUSTIFICATION:

New York State's Long-term Care Ombudsman Program (LTCOP) was estab-
lished more than four decades ago as part of the federal Older Americans
Act. Its purpose, in the state program's own words, is to advocate "for
residents by investigating and resolving complaints made by or on behalf
of residents; promoting the development of resident and family councils;
and informing government agencies, providers, and the general public
about issues and concerns impacting residents of long-term care facili-
ties." The effectiveness of the program, however, relies on an assump-
tion that residents and families know of the program and its services
and on the existence of effective two-way channels of communication
between LTCOP staff and volunteers and the Department of Health, to
which complaints are funneled for investigation and resolution. Signif-
icant evidence and testimonials from family members and ombuds volun-
teers indicate that neither of these assumptions are being met.

This bill calls for specific measures to better inform families and
nursing home residents of the existence of the LTCOP by requiring that
informational fliers be posted in each resident's rooms.  Currently,
such information is most commonly posted in a single common area, such
as an elevator lobby, and possibly included in a packet of information
for families at the time of admission.  Nevertheless, time and again, we
have heard that family members were unaware they had access to an
ombudsman to address issues or concerns relating to a loved one's care.
We have heard from family councils that wondered why the information
could not be posted in individual rooms rather than distributed in a
packet of material that is rarely at hand or recalled if/when issues
about care arise down the road.

The bill also would assure the program information is available in other
languages, and it would replace the name "volunteer ombudsmen" with
"resident advocates" to better reflect for families the role and intent
of the ombudsman service. Finally, the bill calls for enhanced two-way
communication between the Department of Health and LTCOP.  This measure
would address concerns that LTCOP volunteers and staff are often kept in
the dark about the status of complaints or required corrective actions
in response to those complaints. This communications gap seriously
undercuts morale and compromises the perceived effectiveness of volun-
teers diligently working to be responsive to family and resident
concerns. It also has been cited as a likely contributing factor in why
the state program-which is heavily reliant on volunteers-has such diffi-
culty retaining adequate numbers of such volunteers to satisfy required
visitation benchmarks, as revealed by a state comptroller report in fall
2019.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

2019-2020 - S.9026 (May) Referred to Rules

 
EFFECTIVE DATE:
Immediately.

S612 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    612
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the elder law, in relation to directing  the  office  of
   the state long-term care ombudsman to provide opportunities for volun-
   teers  to work as resident advocates within the long-term care ombuds-
   man program (Part A); to amend the public health  law, in relation  to
   directing  the commissioner   of   health,   in consultation with  the
   state   long-term   care ombudsman, to establish policies  and  proce-
   dures   for   reporting, by staff and volunteers of the long-term care
   ombudsman program, issues concerning the health and safety  of   resi-
   dents  at   nursing   homes   and   residential health care facilities
   (Part B); to amend the public health law,  in  relation  to  including
   access  to state long-term care ombudsman program staff and volunteers
   within the pandemic emergency plan prepared by residential health care
   facilities (Part C); to amend the public health law,  in  relation  to
   requiring  translations  of  a patient's rights (Part D); and to amend
   the public health law, in  relation  to  the  posting  of  information
   relating to the long-term care ombudsman program (Part E)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "long-term care ombudsman program reform act".
   § 2. Legislative intent. This act enacts into law legislation relating
 to  the  long-term  care  ombudsman  program.  Each  component is wholly
 contained within a Part identified as Parts A through E.  The  effective
 date  for  each  particular  provision contained within such Part is set
 forth in the last section of such Part. Any  provision  in  any  section
 contained within a Part, including the effective date of the Part, which
 makes  a  reference  to a section "of this act", when used in connection
 with that particular component, shall be deemed to mean and refer to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04808-01-1

 S. 612                              2
 
 corresponding section of the Part in which it is found. Section four  of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.  The elder law is amended by adding a new section 218-a to
 read as follows:
   § 218-A. VOLUNTEER RESIDENT ADVOCATES. 1.  THE  OFFICE  OF  THE  STATE
 LONG-TERM  CARE  OMBUDSMAN  IS HEREBY AUTHORIZED AND DIRECTED TO PROVIDE
 OPPORTUNITIES FOR VOLUNTEERS TO WORK AS RESIDENT  ADVOCATES  WITHIN  THE
 LONG-TERM  CARE  OMBUDSMAN  PROGRAM. SUCH OFFICE SHALL PROVIDE THAT SUCH
 RESIDENT ADVOCATES HAVE THE SAME RIGHTS AND  RESPONSIBILITIES  AS  LONG-
 TERM CARE OMBUDSMEN AS SET FORTH IN SECTION TWO HUNDRED EIGHTEEN OF THIS
 TITLE.
   2.  THE  OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN SHALL FACILITATE
 AND COORDINATE THE PLANNING AND IMPLEMENTATION OF A PROGRAM TO ADVERTISE
 AND PROMOTE AWARENESS OF  VOLUNTEER  RESIDENT  ADVOCATES.  SUCH  PROGRAM
 SHALL  UTILIZE  PROMOTIONAL  MATERIALS,  MEDIA  ADVERTISING, BILLBOARDS,
 SOCIAL MEDIA AND THE OFFICIAL WEBSITE OF THE  LONG-TERM  CARE  OMBUDSMAN
 PROGRAM.
   3.  THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN IS HEREBY AUTHOR-
 IZED AND DIRECTED TO PROMOTE RULES AND  REGULATIONS  NECESSARY  FOR  THE
 IMPLEMENTATION OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                  PART B
 
   Section 1. Section 2803 of the public health law is amended by  adding
 a new subdivision 13 to read as follows:
   13.  (A)  THE  COMMISSIONER,  IN CONSULTATION WITH THE STATE LONG-TERM
 CARE OMBUDSMAN, SHALL  PROMULGATE  RULES  AND  REGULATIONS  ESTABLISHING
 POLICIES  AND  PROCEDURES  FOR REPORTING TO THE DEPARTMENT, BY STAFF AND
 VOLUNTEERS OF THE LONG-TERM CARE  OMBUDSMAN  PROGRAM,  ISSUES  OBSERVED,
 DISCOVERED  OR  WITNESSED  BY SUCH STAFF AND VOLUNTEERS THAT CONCERN THE
 HEALTH AND SAFETY OF RESIDENTS AT NURSING HOMES AND  RESIDENTIAL  HEALTH
 CARE  FACILITIES  IN  THIS  STATE.  SUCH  POLICIES  AND PROCEDURES SHALL
 INCLUDE, BUT NOT BE LIMITED TO, ESTABLISHING  A  TELEPHONE  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.
   (B) THE COMMISSIONER, IN CONSULTATION WITH THE  STATE  LONG-TERM  CARE
 OMBUDSMAN, SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING STANDARDS
 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 ISSUES REPORTED BY SUCH STAFF AND VOLUNTEERS PURSU-
 ANT  TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION AND THE RESOLUTION OF SUCH
 ISSUES.
   (C) THE COMMISSIONER, IN CONSULTATION WITH THE  STATE  LONG-TERM  CARE
 OMBUDSMAN,  SHALL  PROMULGATE  RULES  AND REGULATIONS PROVIDING THAT THE
 DEPARTMENT SHALL 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  FACILITY,  INCLUDING
 SURVEILLANCE  OF SUCH FACILITY, AND TO NOTIFY OMBUDSMAN STAFF AND VOLUN-

 S. 612                              3
 
 TEERS REGARDING ANY COMPLAINTS RECEIVED  BY  THE  DEPARTMENT  CONCERNING
 SUCH FACILITY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                  PART C
 
   Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  12  of
 section  2803 of the public health law is amended by adding a new clause
 (C) to read as follows:
   (C) THAT INCLUDES A METHOD TO PROVIDE ALL RESIDENTS WITH ACCESS, AT NO
 COST, TO STATE LONG-TERM CARE OMBUDSMAN PROGRAM  STAFF  AND  VOLUNTEERS,
 AND  THAT  PROVIDES  STATE  LONG-TERM  CARE  OMBUDSMAN PROGRAM STAFF AND
 VOLUNTEERS WITH ACCESS TO THE FACILITY; AND
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section 1. Section 2803-c of the  public  health  law  is  amended  by
 adding a new subdivision 6 to read as follows:
   6. THE DEPARTMENT SHALL TRANSLATE AND MAKE AVAILABLE TO ALL FACILITIES
 THE  STATEMENT  IN  THE  SIX MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY
 INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN NEW YORK STATE AS  BASED
 ON  THE  MOST RECENT CENSUS. EACH FACILITY SHALL POST AND MAKE AVAILABLE
 COPIES OF SAID STATEMENT FOR RESIDENTS.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. The public health law is amended by adding  a  new  section
 2803-c-1 to read as follows:
   §  2803-C-1.  RIGHTS  OF PATIENTS IN CERTAIN MEDICAL FACILITIES; LONG-
 TERM CARE OMBUDSMAN PROGRAM. THE COMMISSIONER SHALL REQUIRE  THAT  EVERY
 NURSING  HOME  AND  RESIDENTIAL  HEALTH  CARE  FACILITY PROVIDING HEALTH
 RELATED SERVICE, AS DEFINED IN SUBDIVISIONS TWO AND THREE AND  PARAGRAPH
 (B)  OF  SUBDIVISION  FOUR  OF  SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
 ARTICLE, PROMINENTLY POST IN EACH RESIDENT'S ROOM,  CONTACT  INFORMATION
 FOR  THE  STATE  AND  REGIONAL  OFFICES  OF THE LONG TERM CARE OMBUDSMAN
 PROGRAM AS PROVIDED FOR IN SECTION TWO HUNDRED  EIGHTEEN  OF  THE  ELDER
 LAW,  AS  WELL  AS  CONTACT INFORMATION FOR THE FACILITY REPRESENTATIVE.
 SUCH NURSING HOMES AND RESIDENTIAL HEALTH  CARE  FACILITIES  SHALL  ALSO
 PROVIDE  UPDATED  CONTACT INFORMATION FOR THE STATE AND REGIONAL OFFICES
 AND FACILITY REPRESENTATIVES TO ALL RESIDENTS AND THEIR FAMILIES TWICE A
 YEAR.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to be invalid, such judgement shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved  in  the  controversy  in  which  such
 judgement  shall  have  been  rendered.  It is hereby declared to be the

 S. 612                              4
 
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  4.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through E of this act shall  be
 as specifically set forth in the last section of such Parts.

Co-Sponsors

view additional co-sponsors

S612A - Details

Law Section:: Elder Law
Laws Affected:: Add §218-a, Eld L; amd §§2803 & 2803-c, add §2803-c-1, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9026

S612A - Summary

S612A - Sponsor Memo

 
BILL NUMBER: S612A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the elder law, in relation to directing the office of
the state long-term care ombudsman to provide opportunities for volun-
teers to work as resident advocates within the long-term care ombudsman
program (Part A); to amend the public health  law, in relation to
directing the commissioner  of  health,  in consultation with  the
state   long-term   care ombudsman, to establish policies and procedures
for  reporting, by staff and volunteers of the long-term care ombudsman
program, issues concerning the health and safety  of  residents at
nursing  homes  and  residential health care facilities (Part B); and to
amend the public health law, in relation to including access to state
long-term care ombudsman program staff and volunteers within the pandem-
ic emergency plan prepared by residential health care facilities (Part
C)

 
PURPOSE:

This bill enacts a series of reforms to the State Long-Term Care Ombuds-

man program and related programs to increase accessibility for residents
of nursing home and residential care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Short title, sets name of the bill as the Long-Term Care
Ombudsman Program Reform Act.

Section 2: Legislative intent.

Part A: Adds a new section 218-a to the elder law. This section directs
the office of the State Long-Term Care Ombudsman program to provide
opportunities for volunteers to work as resident advocates within the
program and to develop a program to advertise and promote awareness of
the resident advocates program. This part is effective 90 days after
becoming law.

Part B: Adds a new subdivision 13 to section 2803 of the public health
law. This part requires the department of health to establish policies
and procedures allowing for staff and volunteers of the ombudsman
program to report issues directly to the department of health. These
procedures will involve establishing a hotline and portion of the
department's website specifically for use by ombudsman staff and volun-
teers. It also requires the department to develop rules establishing
standards for timely and regular communications to the ombudsman program
and staff regarding issues reported by staff and volunteers, and to
notify ombudsman staff and volunteers when inspections are being
conducted at or complaints are received at their assigned facilities.
This part is effective 90 days after becoming law.

Part C: Amends subparagraph (i) of paragraph (a) of subdivision 12 of
section 2803 of the public health law. This adds a plan to facilitate
access to state long-term care ombudsman staff and volunteers within a
facility's pandemic preparedness plan. This part is effective immediate-
ly.

Section 3: Severability clause.
Section 4: Sets effective date, provided that applicable effective dates
of Parts A through C are specifically set within the respective parts.

The A-print of this legislation removes the previous Parts D and E.

 
JUSTIFICATION:

New York State's Long-term Care Ombudsman Program (LTCOP) was estab-
lished more than four decades ago as part of the federal Older Americans
Act. Its purpose, in the state program's own words, is to advocate "for
residents by investigating and resolving complaints made by or on behalf
of residents; promoting the development of resident and family councils;
and informing government agencies, providers, and the general public
about issues and concerns impacting residents of long-term care facili-
ties." The effectiveness of the program, however, relies on an assump-
tion that residents and families know of the program and its services
and on the existence of effective two-way channels of communication
between LTCOP staff and volunteers and the Department of Health, to
which complaints are funneled for investigation and resolution. Signif-
icant evidence and testimonials from family members and ombuds volun-
teers indicate that neither of these assumptions are being met.

This bill enhances the ombuds program in several ways. The bill would
replace the name "volunteer ombudsmen" with "resident advocates" to
better reflect for families the role and intent of the ombudsman
service. It also calls for enhanced two-way communication between the
Department of Health and LTCOP. This measure would address concerns that
LTCOP volunteers and staff are often kept in the dark about the status
of complaints or required corrective actions in response to those
complaints. This communications gap seriously undercuts morale and
compromises the perceived effectiveness of volunteers diligently working
to be responsive to family and resident concerns. It also has been cited
as a likely contributing factor in why the state program-which is heavi-
ly reliant on volunteers-has such difficulty retaining adequate numbers
of such volunteers to satisfy required visitation benchmarks, as
revealed by a state comptroller report in fall 2019. Finally, it also
requires that facilities include ombuds access as part of their pandemic
preparation plans.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

2019-2020 - S.9026 (May) Referred to Rules

 
EFFECTIVE DATE:
Immediately.

S612A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be  committed  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 directing the office of
   the state long-term care ombudsman to provide opportunities for volun-
   teers to work as resident advocates within the long-term care  ombuds-
   man  program (Part A); to amend the public health  law, in relation to
   directing the commissioner  of   health,   in consultation with    the
   state    long-term    care ombudsman, to establish policies and proce-
   dures  for  reporting, by staff and volunteers of the  long-term  care
   ombudsman  program, issues concerning the health and safety  of  resi-
   dents at  nursing   homes   and   residential health  care  facilities
   (Part B); and to amend the public health law, in relation to including
   access  to state long-term care ombudsman program staff and volunteers
   within the pandemic emergency plan prepared by residential health care
   facilities (Part C)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "long-term care ombudsman program reform act".
   § 2. Legislative intent. This act enacts into law legislation relating
 to the long-term  care  ombudsman  program.  Each  component  is  wholly
 contained  within  a Part identified as Parts A through C. The effective
 date for each particular provision contained within  such  Part  is  set
 forth  in  the  last  section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04808-02-1

 S. 612--A                           2
 
 corresponding  section of the Part in which it is found. Section four of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.  The elder law is amended by adding a new section 218-a to
 read as follows:
   § 218-A. VOLUNTEER RESIDENT ADVOCATES. 1.  THE  OFFICE  OF  THE  STATE
 LONG-TERM  CARE  OMBUDSMAN  IS HEREBY AUTHORIZED AND DIRECTED TO PROVIDE
 OPPORTUNITIES FOR VOLUNTEERS TO WORK AS RESIDENT  ADVOCATES  WITHIN  THE
 LONG-TERM  CARE  OMBUDSMAN  PROGRAM. SUCH OFFICE SHALL PROVIDE THAT SUCH
 RESIDENT ADVOCATES HAVE THE SAME RIGHTS AND  RESPONSIBILITIES  AS  LONG-
 TERM CARE OMBUDSMEN AS SET FORTH IN SECTION TWO HUNDRED EIGHTEEN OF THIS
 TITLE.
   2.  THE  OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN SHALL FACILITATE
 AND COORDINATE THE PLANNING AND IMPLEMENTATION OF A PROGRAM TO ADVERTISE
 AND PROMOTE AWARENESS OF  VOLUNTEER  RESIDENT  ADVOCATES.  SUCH  PROGRAM
 SHALL  UTILIZE  PROMOTIONAL  MATERIALS,  MEDIA  ADVERTISING, BILLBOARDS,
 SOCIAL MEDIA AND THE OFFICIAL WEBSITE OF THE  LONG-TERM  CARE  OMBUDSMAN
 PROGRAM.
   3.  THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN IS HEREBY AUTHOR-
 IZED AND DIRECTED TO PROMOTE RULES AND  REGULATIONS  NECESSARY  FOR  THE
 IMPLEMENTATION OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                  PART B
 
   Section 1. Section 2803 of the public health law is amended by  adding
 a new subdivision 13 to read as follows:
   13.  (A)  THE  COMMISSIONER,  IN CONSULTATION WITH THE STATE LONG-TERM
 CARE OMBUDSMAN, SHALL  PROMULGATE  RULES  AND  REGULATIONS  ESTABLISHING
 POLICIES  AND  PROCEDURES  FOR REPORTING TO THE DEPARTMENT, BY STAFF AND
 VOLUNTEERS OF THE LONG-TERM CARE  OMBUDSMAN  PROGRAM,  ISSUES  OBSERVED,
 DISCOVERED  OR  WITNESSED  BY SUCH STAFF AND VOLUNTEERS THAT CONCERN THE
 HEALTH AND SAFETY OF RESIDENTS AT NURSING HOMES AND  RESIDENTIAL  HEALTH
 CARE  FACILITIES  IN  THIS  STATE.  SUCH  POLICIES  AND PROCEDURES SHALL
 INCLUDE, BUT NOT BE LIMITED TO, ESTABLISHING  A  TELEPHONE  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.
   (B) THE COMMISSIONER, IN CONSULTATION WITH THE  STATE  LONG-TERM  CARE
 OMBUDSMAN, SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING STANDARDS
 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 ISSUES REPORTED BY SUCH STAFF AND VOLUNTEERS PURSU-
 ANT  TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION AND THE RESOLUTION OF SUCH
 ISSUES.
   (C) THE COMMISSIONER, IN CONSULTATION WITH THE  STATE  LONG-TERM  CARE
 OMBUDSMAN,  SHALL  PROMULGATE  RULES  AND REGULATIONS PROVIDING THAT THE
 DEPARTMENT SHALL 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  FACILITY,  INCLUDING
 SURVEILLANCE  OF SUCH FACILITY, AND TO NOTIFY OMBUDSMAN STAFF AND VOLUN-

 S. 612--A                           3

 TEERS REGARDING ANY COMPLAINTS RECEIVED  BY  THE  DEPARTMENT  CONCERNING
 SUCH FACILITY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                  PART C
 
   Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  12  of
 section  2803 of the public health law is amended by adding a new clause
 (C) to read as follows:
   (C) THAT INCLUDES A METHOD TO PROVIDE ALL RESIDENTS WITH ACCESS, AT NO
 COST, TO STATE LONG-TERM CARE OMBUDSMAN PROGRAM  STAFF  AND  VOLUNTEERS,
 AND  THAT  PROVIDES  STATE  LONG-TERM  CARE  OMBUDSMAN PROGRAM STAFF AND
 VOLUNTEERS WITH ACCESS TO THE FACILITY; AND
   § 2. This act shall take effect immediately.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to be invalid, such judgement shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved  in  the  controversy  in  which  such
 judgement  shall  have  been  rendered.  It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  4.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through C of this act shall  be
 as specifically set forth in the last section of such Parts.

Co-Sponsors

view additional co-sponsors

S612B (ACTIVE) - Details

Law Section:: Elder Law
Laws Affected:: Add §218-a, Eld L; amd §§2803 & 2803-c, add §2803-c-1, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9026

S612B (ACTIVE) - Summary

S612B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S612B

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the elder law, in relation to directing the office of
the state long-term care ombudsman to advertise and promote the long-
term care ombudsman program (Part A); to amend the public health law, in
relation to requiring the commissioner of health, in consultation with
the state long-term care ombudsman, to establish policies and procedures
for reporting, by staff and volunteers of the long-term care ombudsman
program, issues concerning the health, safety and welfare of residents
at residential health care facilities (Part B); and to amend the public
health law, in relation to including access to state long-term care
ombudsman program staff and volunteers within the pandemic emergency
plan prepared by residential health care facilities (Part C)

 
PURPOSE:

This bill enacts a series of reforms to the State Long-Term Care Ombuds-
man program and related programs to increase accessibility for residents
of nursing home and residential care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: Short title, sets name of the bill as the Long-Term Care
Ombudsman Program Reform Act.

Section 2: Legislative intent.

Part A: Adds a new section 218-a to the elder law. This section directs
the office of the State Long-Term Care Ombudsman program to develop new
materials for promoting the ombuds program. This part is immediately.

Part B: Adds a new subdivision 13 to section 2803 of the public health
law. This part requires the department of health to establish policies
and procedures allowing for staff and volunteers of the ombudsman
program to report issues directly to the department of health. These
procedures will involve establishing a hotline and portion of the
department's website specifically for use by ombudsman staff and volun-
teers. It also requires the department to develop rules establishing
standards for timely and regular communications to the ombudsman program
and staff regarding issues reported by staff and volunteers, and to
notify ombudsman staff and volunteers when inspections are being
conducted at or complaints are received at their assigned facilities.
This part is effective 90 days after becoming law.

Part C: Amends subparagraph (i) of paragraph (a) of subdivision 12 of
section 2803 of the public health law. This adds a plan to facilitate
access to state long-term care ombudsman staff and volunteers within a
facility's pandemic preparedness plan. This part is effective immediate-
ly.

Section 3: Severability clause.

Section 4: Sets effective date, provided that applicable effective dates
of Parts A through C are specifically set within the respective parts.


The A-print of this legislation removes the previous Parts D and E.  The
B-print of the legislation removes language regarding volunteer resident
advocates from Part A.

 
JUSTIFICATION:

New York State's Long-term Care Ombudsman Program (LTCOP) was estab-
lished more than four decades ago as part of the federal Older Americans
Act. Its purpose, in the state program's own words, is to advocate "for
residents by investigating and resolving complaints made by or on behalf
of residents; promoting the development of resident and family councils;
and informing government agencies, providers, and the general public
about issues and concerns impacting residents of long-term care facili-
ties." The effectiveness of the program, however, relies on an assump-
tion that residents and families know of the program and its services
and on the existence of effective two-way channels of communication
between LTCOP staff and volunteers and the Department of Health, to
which complaints are funneled for investigation and, resolution. Signif-
icant evidence and testimonials from family members and ombuds volun-
teers indicate that neither of these assumptions are being met.

This bill enhances the ombuds program in several ways. The bill would
replace the name "volunteer ombudsmen" with "resident advocates" to
better reflect for families the role and intent of the ombudsman
service. It also calls for enhanced two-way communication between the
Department of Health and LTCOP. This measure would address concerns that
LTCOP volunteers and staff are often kept in the dark about the status
of complaints or required corrective actions in response to those
complaints. This communications gap seriously undercuts morale and
compromises the perceived effectiveness of volunteers diligently working
to be responsive to family and resident concerns. It also has been cited
as a likely contributing factor in why the state program-which is heavi-
ly reliant on volunteers-has such difficulty retaining adequate numbers
of such volunteers to satisfy required visitation benchmarks, as
revealed by a state comptroller report in fall 2019. Finally, it also
requires that facilities include ombuds access as part of their pandemic
preparation plans.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

2019-2020 - S.9026 (May) Referred to Rules

 
EFFECTIVE DATE:
Immediately.

S612B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--B
     Cal. No. 330
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  RIVERA,  SKOUFIS, BIAGGI, COONEY, GAUGHRAN,
   HARCKHAM, HINCHEY, JACKSON, KRUEGER, PARKER -- read twice and  ordered
   printed, and when printed to be committed to the Committee on Aging --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  ordered to first and second report -- committed to the Committee
   on Rules -- ordered to a third reading, passed by Senate and delivered
   to the Assembly, recalled, vote reconsidered, restored to third  read-
   ing,  amended  and ordered reprinted, retaining its place in the order
   of third reading
 
 AN ACT to amend the elder law, in relation to directing  the  office  of
   the  state long-term care ombudsman to advertise and promote the long-
   term care ombudsman program (Part A); to amend the public health  law,
   in  relation  to requiring the commissioner of health, in consultation
   with the state long-term care ombudsman,  to  establish  policies  and
   procedures  for  reporting,  by  staff and volunteers of the long-term
   care ombudsman program,  issues  concerning  the  health,  safety  and
   welfare  of  residents at residential health care facilities (Part B);
   and to amend the public health law, in relation to including access to
   state long-term care ombudsman program staff and volunteers within the
   pandemic emergency plan prepared by residential health care facilities
   (Part C)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "long-term care ombudsman program reform act".
   § 2. Legislative intent. This act enacts into law legislation relating
 to the long-term  care  ombudsman  program.  Each  component  is  wholly
 contained  within  a Part identified as Parts A through C. The effective
 date for each particular provision contained within  such  Part  is  set

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04808-07-1

 S. 612--B                           2
 
 forth  in  the  last  section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding  section of the Part in which it is found. Section four of
 this act sets forth the general effective date of this act.
 
                                  PART A

   Section 1. Section 218 of the elder law is amended  by  adding  a  new
 subdivision 15 to read as follows:
   15.  LONG-TERM  CARE OMBUDSMAN PROGRAM.  THE OFFICE OF THE STATE LONG-
 TERM CARE OMBUDSMAN SHALL FACILITATE AND  COORDINATE  THE  PLANNING  AND
 IMPLEMENTATION  OF  AN  AWARENESS  PROGRAM  TO ADVERTISE AND PROMOTE THE
 LONG-TERM CARE OMBUDSMAN PROGRAM. SUCH PROGRAM SHALL UTILIZE EDUCATIONAL
 AND INFORMATIONAL  MATERIALS  SUCH  AS  MEDIA  ADVERTISING,  BILLBOARDS,
 SOCIAL  MEDIA  AND  THE OFFICIAL WEBSITE OF THE LONG-TERM CARE OMBUDSMAN
 PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Section 2803 of the public health law is amended by  adding
 a new subdivision 13 to read as follows:
   13.  (A)  THE  COMMISSIONER,  IN CONSULTATION WITH THE STATE LONG-TERM
 CARE OMBUDSMAN, SHALL  PROMULGATE  RULES  AND  REGULATIONS  ESTABLISHING
 POLICIES  AND  PROCEDURES FOR: (I) REPORTING TO THE DEPARTMENT, BY STAFF
 AND VOLUNTEERS OF THE LONG-TERM CARE OMBUDSMAN PROGRAM,  ISSUES  IDENTI-
 FIED  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 TELEPHONE 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) 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 RESOLUTION 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.
   (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.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                  PART C

 S. 612--B                           3
 
   Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  12  of
 section  2803 of the public health law is amended by adding a new clause
 (C) to read as follows:
   (C) THAT INCLUDES A METHOD TO PROVIDE ALL RESIDENTS WITH ACCESS, AT NO
 COST,  TO  STATE  LONG-TERM CARE OMBUDSMAN PROGRAM STAFF AND VOLUNTEERS,
 AND THAT PROVIDES STATE  LONG-TERM  CARE  OMBUDSMAN  PROGRAM  STAFF  AND
 VOLUNTEERS WITH ACCESS TO THE FACILITY; AND
   § 2. This act shall take effect immediately.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgement shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  part  thereof  directly  involved  in  the controversy in which such
 judgement shall have been rendered. It is  hereby  declared  to  be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 4. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through C of this act shall be
 as specifically set forth in the last section of such Parts.

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The New York State Senate

senate Bill S612

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

May 26, 2021 - floor Vote

Floor Vote: May 26, 2021

Feb 22, 2021 - floor Vote

Floor Vote: Feb 22, 2021

Feb 22, 2021 - Rules committee Vote

Committee Vote: Feb 22, 2021

Feb 9, 2021 - Aging committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

S612 - Details

S612 - Summary

S612 - Sponsor Memo

S612 - Bill Text download pdf

Co-Sponsors

S612A - Details

S612A - Summary

S612A - Sponsor Memo

S612A - Bill Text download pdf

Co-Sponsors

S612B (ACTIVE) - Details

S612B (ACTIVE) - Summary

S612B (ACTIVE) - Sponsor Memo

S612B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S612

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 26, 2021 - floor Vote

Floor Vote: May 26, 2021

Feb 22, 2021 - floor Vote

Floor Vote: Feb 22, 2021

Feb 22, 2021 - Rules committee Vote

Committee Vote: Feb 22, 2021

Feb 9, 2021 - Aging committee Vote

Committee Vote: Feb 9, 2021

Bill Amendments

S612 - Details

S612 - Summary

S612 - Sponsor Memo

S612 - Bill Text download pdf

Co-Sponsors

S612A - Details

S612A - Summary

S612A - Sponsor Memo

S612A - Bill Text download pdf

Co-Sponsors

S612B (ACTIVE) - Details

S612B (ACTIVE) - Summary

S612B (ACTIVE) - Sponsor Memo

S612B (ACTIVE) - Bill Text download pdf

Comments