Senate Bill S3003

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3003
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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
 amended  by  chapter  19  of  the  laws  of  2022, is amended to read as
 follows:
   [13.] 14. (a) The commissioner, in consultation with the  state  long-
 term care ombudsman, shall establish 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  affect  the  health,  safety and welfare of residents at
 residential health care facilities licensed or certified by the  depart-
 ment  in this state. Such policies and procedures shall include, but not
 be limited to, establishing a telephone  hotline  number  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 regarding such issues reported by staff
 and volunteers pursuant to subparagraph (i) of this  paragraph  and  the
 resolution of such issues; [and]
   (iii) requiring the department to notify the local ombudsman entity as
 defined in paragraph (c) of subdivision one of section two hundred eigh-
 teen  of  the  elder law after the department conducts a recertification
 survey of a 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.
                                                            LBD04765-01-3
              

 S. 3003                             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.