NY State Senate Bill 2021-S8617

Archive: Last Bill Status - Passed Senate & Assembly

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.635 substituted for a10045a
May 24, 2022	referred to ways and means delivered to assembly passed senate
May 16, 2022	amended on third reading 8617a
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.977
Mar 22, 2022	referred to aging

Votes

- May 24, 2022 - Floor Vote
  S8617
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Helming
      
      excused (2)
      
      Brooks
      
      Sanders Jr.
  May 3, 2022 - Aging Committee Vote
  S8617
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: May 3, 2022
      
      aye (6)
      
      Addabbo Jr.
      
      Borrello
      
      Felder
      
      May
      
      Serino
      
      Serrano
      
      excused (1)
      
      Brouk

Bill Amendments

Original

A (Active)

2021-S8617 - Details

Law Section:: Elder Law
Laws Affected:: Amd §218, Eld L

2021-S8617 - Summary

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.

2021-S8617 - Sponsor Memo

                                 
BILL NUMBER: S8617

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the elder law, in relation to annual reporting require-
ments of the state long-term care ombudsman

 
PURPOSE:

To enhance annual reports prepared by the state long-term care ombudsman
program.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Elder Law to enhance the LTCOP annual report,
including patterns of complaints, policy recommendations, and reporting
about complaints. Also requires an annual report to the Attorney General
about instances of abuse, neglect, and exploitation in facilities.

Section 2: provides the effective date.

 
JUSTIFICATION:

The state long-term care ombudsman program is one of the state's most
effective tools for ensuring accountability inside nursing homes. As the
only wholly independent oversight tool in the state, the state office
has access to a wealth of information about problems inside of the
state's nursing homes as well as broad insight into how those problems
have been and may continue to be resolved. As part of their annual
duties, the state office provides an annual report to the legislature.
This bill will help to make those reports more robust by asking the
state office to include information about patterns of complaints, policy
recommendations, and detailed reporting about the kinds of complaints
received by the regional offices. It also adds a new annual report to
the Attorney General containing information about instances of abuse,
neglect, and exploitation in long-term care facilities to assist the
Attorney General in ensuring the health and safety of all New Yorkers in
such facilities.

 
FISCAL IMPACT:

Minimal.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
Immediately.

2021-S8617 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8617
 
                             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 Aging
 
 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:

   Section 1. Subdivision 14 of section 218 of the elder law, as  amended
 by  chapter  259  of  the laws of 2018, is amended and a new subdivision
 14-a is added to read as follows:
   14. Annual report. On or before March thirty-first, two thousand five,
 and annually thereafter, the state ombudsman shall submit to the  gover-
 nor, commissioner of the federal administration on aging, speaker of the
 assembly,  temporary  president  of  the  senate,  director of the state
 office for the aging, commissioner of the department of health, and  the
 commissioner  of  children  and  family  services a report and make such
 report available to the public:
   (a) describing the activities carried out by the office of  the  state
 long-term care ombudsman during the prior calendar year;
   (b)  containing  and  analyzing data relating to complaints and condi-
 tions in long-term care facilities and to residents for the  purpose  of
 identifying and resolving significant problems, INCLUDING AN EXAMINATION
 OF  ANY  RECURRING  ISSUES IN ANY LONG-TERM CARE FACILITIES TO DETERMINE
 ANY SYSTEMIC ISSUES IN SUCH FACILITIES;
   (c) evaluating the problems experienced by, and the complaints made by
 or on behalf of, residents;
   (d) containing POLICY RECOMMENDATIONS AND recommendations  for  appro-
 priate state legislation, rules and regulations and other action FOR THE
 GOVERNOR  AND STATE LEGISLATURE BASED ON DATA COLLECTED PURSUANT TO THIS
 SECTION, CONCERNS RAISED BY RESIDENTS AND  FAMILIES  OF  RESIDENTS,  AND
 OBSERVATIONS  MADE  WHEN  VISITING LONG-TERM CARE FACILITIES, to improve
 the quality of the care  and  life  of  the  residents,  protecting  the
 health,  safety  and  welfare  and rights of the residents and resolving
 resident complaints and identified problems or barriers;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14320-01-2

 S. 8617                             2
 
   (e) containing an analysis  of  the  success  of  the  long-term  care
 ombudsman program, including success in providing services to residents;
   (f)  describing  barriers  that  prevent  the optimal operation of the
 ombudsman program;
   (g) describing any organizational conflicts of interest in the ombuds-
 man program that have been identified and the steps taken to  remove  or
 remedy such conflicts; [and]
   (h) CONTAINING ALL COMPLAINTS RECEIVED BY THE STATE OMBUDSMAN RELATING
 TO LONG-TERM CARE FACILITIES, LISTED BY FACILITY NAME AND BY REGION;
   (I)  CONTAINING  THE NUMBER OF VISITS TO EACH LONG-TERM CARE FACILITY,
 LISTED BY FACILITY NAME AND BY  REGION,  AND  NAMES  OF  LONG-TERM  CARE
 FACILITIES THAT DID NOT RECEIVE ANY VISITS IN THE PRIOR YEAR; AND
   (J) any other matters as the state ombudsman, in consultation with the
 director  of  the state office for the aging, determines to be appropri-
 ate.
   14-A. REPORT TO ATTORNEY GENERAL. ANNUALLY,  UPON  SUBMISSION  OF  THE
 ANNUAL  REPORT  PURSUANT  TO  SUBDIVISION  FOURTEEN OF THIS SECTION, THE
 STATE OMBUDSMAN SHALL SUBMIT AN ADDITIONAL REPORT TO THE ATTORNEY GENER-
 AL THAT SHALL CONTAIN  GENERAL  INFORMATION  RELATING  TO  INSTANCES  OF
 ABUSE,  NEGLECT,  AND  EXPLOITATION  IN  LONG-TERM  CARE FACILITIES IN A
 MANNER THAT DOES NOT VIOLATE INDIVIDUAL  RESIDENT  CONFIDENTIALITY,  FOR
 REVIEW AND POSSIBLE ENFORCEMENT ACTION.
   § 2. This act shall take effect immediately.

2021-S8617A (ACTIVE) - Details

Law Section:: Elder Law
Laws Affected:: Amd §218, Eld L

2021-S8617A (ACTIVE) - Summary

2021-S8617A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8617A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the elder law, in relation to annual reporting require-
ments of the state long-term care ombudsman

 
PURPOSE:

To enhance annual reports prepared by the state long-term care ombudsman
program.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Elder Law to enhance the LTCOP annual report,
including patterns of complaints, policy recommendations, and reporting
about complaints. This also requires the annual report to include
complaints of abuse, neglect, exploitation, or fraud in facilities.

Section 2: provides the effective date.

 
JUSTIFICATION:

The state long-term care ombudsman program is one of the state's most
effective tools for ensuring accountability inside nursing homes. As the
only wholly independent oversight tool in the state, the state office
has access to a wealth of information about problems inside of the
state's nursing homes as well as broad insight into how those problems
have been and may continue to be resolved. As part of their annual
duties, the state office provides an annual report to the legislature.
This bill will help to make those reports more robust by asking the
state office to include information about patterns of complaints, policy
recommendations, and detailed reporting about the kinds of complaints
received by the regional offices. It also adds a new component to the
report containing information about instances of abuse, mistreatment,
neglect, or fraud in long-term care facilities to ensure the health and
safety of all New Yorkers in such facilities.

 
FISCAL IMPACT:

Minimal.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
Immediately.

2021-S8617A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8617--A
     Cal. No. 977
 
                             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 Aging -- reported  favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 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:
 
   Section 1. Subdivision 14 of section 218 of the elder law, as  amended
 by chapter 259 of the laws of 2018, is amended to read as follows:
   14. Annual report. On or before March thirty-first, two thousand five,
 and  annually thereafter, the state ombudsman shall submit to the gover-
 nor, commissioner of the federal administration on aging, speaker of the
 assembly, temporary president of  the  senate,  director  of  the  state
 office  for the aging, commissioner of the department of health, and the
 commissioner of children and family services  a  report  and  make  such
 report available to the public:
   (a)  describing  the activities carried out by the office of the state
 long-term care ombudsman during the prior calendar year;
   (b) containing and analyzing data relating to  complaints  and  condi-
 tions  in  long-term care facilities and to residents for the purpose of
 identifying and resolving significant problems, INCLUDING AN EXAMINATION
 OF ANY RECURRING COMPLAINTS TO DETERMINE IF THERE ARE SYSTEMIC ISSUES IN
 SUCH FACILITIES;
   (c) evaluating the problems experienced by, and the complaints made by
 or on behalf of, residents;
   (d) containing  recommendations  for  appropriate  state  legislation,
 rules  and regulations and other action BASED ON DATA COLLECTED PURSUANT
 TO THIS SECTION, CONCERNS RAISED BY RESIDENTS AND FAMILIES OF RESIDENTS,
 AND OBSERVATIONS  MADE  WHEN  VISITING  LONG-TERM  CARE  FACILITIES,  to
 improve  the  quality  of the care and life of the residents, protecting
 the health, safety and welfare and rights of the residents and resolving
 resident complaints and identified problems or barriers;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14320-07-2
 S. 8617--A                          2
 
   (e) containing an analysis  of  the  success  of  the  long-term  care
 ombudsman program, including success in providing services to residents;
   (f)  describing  barriers  that  prevent  the optimal operation of the
 ombudsman program;
   (g) describing any organizational conflicts of interest in the ombuds-
 man program that have been identified and the steps taken to  remove  or
 remedy such conflicts; [and]
   (h) CONTAINING ALL COMPLAINTS RECEIVED BY THE STATE OMBUDSMAN RELATING
 TO  LONG-TERM  CARE  FACILITIES  INCLUDING BUT NOT LIMITED TO COMPLAINTS
 THAT SUGGEST THE POSSIBLE OCCURRENCE OF  PHYSICAL  ABUSE,  MISTREATMENT,
 NEGLECT  OR  MEDICAID  FRAUD, LISTED BY TYPE OF COMPLAINT, FACILITY NAME
 AND BY REGION;
   (I) CONTAINING THE NUMBER OF VISITS TO EACH LONG-TERM  CARE  FACILITY,
 LISTED  BY  FACILITY  NAME  AND  BY  REGION, AND NAMES OF LONG-TERM CARE
 FACILITIES THAT DID NOT RECEIVE ANY VISITS IN THE PRIOR YEAR; AND
   (J) any other matters as the state ombudsman, in consultation with the
 director of the state office for the aging, determines to  be  appropri-
 ate.
   § 2. This act shall take effect immediately.

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Senate Bill S8617

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

May 24, 2022 - Floor Vote

Floor Vote: May 24, 2022

May 3, 2022 - Aging Committee Vote

Aging Committee Vote: May 3, 2022

Bill Amendments

2021-S8617 - Details

2021-S8617 - Summary

2021-S8617 - Sponsor Memo

2021-S8617 - Bill Text download pdf

2021-S8617A (ACTIVE) - Details

2021-S8617A (ACTIVE) - Summary

2021-S8617A (ACTIVE) - Sponsor Memo

2021-S8617A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8617

Share this bill

Sponsored By

Rachel May

Archive: Last Bill Status - Passed Senate & Assembly

Bill Amendments

2021-S8617 - Details

2021-S8617 - Summary

2021-S8617 - Sponsor Memo

2021-S8617 - Bill Text download pdf

2021-S8617A (ACTIVE) - Details

2021-S8617A (ACTIVE) - Summary

2021-S8617A (ACTIVE) - Sponsor Memo

2021-S8617A (ACTIVE) - Bill Text download pdf

Comments