NY State Senate Bill 2023-S7211

Senate Bill S7211

Signed By Governor

2023-2024 Legislative Session

Relates to the reporting and resolution of issues at residential health care facilities

download bill text pdf

Current Bill Status - Signed by Governor

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
Dec 22, 2023	approval memo.90 signed chap.770
Dec 12, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly ordered to third reading rules cal.795 substituted for a7218
Jun 07, 2023	referred to ways and means delivered to assembly passed senate
Jun 01, 2023	ordered to third reading cal.1542 committee discharged and committed to rules
May 18, 2023	referred to health

Votes

- Jun 7, 2023 - Floor Vote
  S7211
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 1, 2023 - Rules Committee Vote
  S7211
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Lanza

2023-S7211 (ACTIVE) - Details

See Assembly Version of this Bill:: A7218
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L; amd §218, Eld L

2023-S7211 (ACTIVE) - Summary

Relates to the reporting and resolution of issues at residential health care facilities; requires long-term care ombudsmen to receive training in cultural competency and diversity; establishes an outreach and awareness program to promote and recruit long-term care ombudsmen.

2023-S7211 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7211

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to the reporting and
resolution of issues at residential care facilities; and to amend the
elder law, in relation to establishing an outreach and awareness program
to promote and recruit long-term care ombudsman and the training of such
ombudsmen

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to enhance communication between the Depart-
ment of Health and the Long-Term Care Ombudsman Program, and attract
more ombudsman to the Program.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would require the Department of Health to provide
a status report no later than sixty days upon receipt to the ombudsman
staff or volunteer who reported an issue to the Department.  Following

the initial report, the Department must provide additional reports to
such staff or volunteer no less than every sixty days thereafter until
the issue is resolved. Upon a resolution, the Department must provide a
timely report to such staff or volunteer and the state long-term care
ombudsman indicating the resolution.

Section 2 of the bill would require training in cultural competency and
diversity to be included in the required certification training program
for ombudsmen.

Section 3 of the bill would expand the current long-term care ombudsman
awareness program to also include outreach to recruit additional ombuds-
men.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

In 2021 and 2022, legislation was signed into law that would strengthen
the Long-Term Care Ombudsman Program including establishing an awareness
program, requiring certain policies and procedures be established to
facilitate greater communication between ombudsmen and the Department of
Health, and requiring additional data reporting.

Since then, there have still been concerns about the lack of communi-
cation between the Department of Health and the ombudsmen regarding
complaints raised by residents and their families that have been
reported to the Department of Health. This bill would provide a specific
process to ensure complaints are resolved in a timely manner and there
is communication between the Department of Health and ombudsmen.

Additionally, the bill would establish an outreach program to attract
more staff and volunteers, particularly those in under presented commu-
nities, so that all facilities can have a regular ombudsman present.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S7211 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7211
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 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, in relation to the reporting  and
   resolution  of issues at residential care facilities; and to amend the
   elder law, in relation  to  establishing  an  outreach  and  awareness
   program to promote and recruit long-term care ombudsman and the train-
   ing of such ombudsmen
 
   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)
 reporting to the department, by staff and volunteers  of  the  long-term
 care  ombudsman program, ON 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 residen-
 tial  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 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) 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 resol-
 ution of such issues] RESOLUTION TO ANY  SUCH  ISSUES  REPORTED  TO  THE
 DEPARTMENT PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. NO LATER THAN
 SIXTY  DAYS  AFTER  THE  RECEIPT OF ANY SUCH ISSUE, THE DEPARTMENT SHALL
 PROVIDE THE STAFF OR VOLUNTEER WHO REPORTED SUCH ISSUE A REPORT  ON  THE
 STATUS OF SUCH ISSUE. FOLLOWING THE INITIAL REPORT, THE DEPARTMENT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11325-03-3

 S. 7211                             2
 
 PROVIDE ADDITIONAL REPORTS TO SUCH STAFF OR VOLUNTEER NO LESS THAN EVERY
 SIXTY  DAYS THEREAFTER UNTIL SUCH ISSUE IS RESOLVED.  UPON RESOLUTION OF
 SUCH ISSUE, THE DEPARTMENT SHALL PROVIDE A TIMELY REPORT TO  SUCH  STAFF
 OR  VOLUNTEER  AND  THE  STATE  LONG-TERM  CARE OMBUDSMAN INDICATING THE
 MANNER IN WHICH THE ISSUE WAS RESOLVED; 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.
   (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.  Subparagraph 7 of paragraph (d) of subdivision 3 of section 218
 of the elder law, as amended by chapter 259 of  the  laws  of  2018,  is
 amended to read as follows:
   (7)  develop a certification training program and continuing education
 for ombudsmen which at a minimum shall  specify  the  minimum  hours  of
 training,  the  annual  number  of hours of in-service training, and the
 content of the training, including, but not limited to, training  relat-
 ing  to  CULTURAL  COMPETENCY  AND  DIVERSITY, federal, state, and local
 laws, regulations, and policies with respect to long-term  care  facili-
 ties  in  the  state,  investigative and resolution techniques, and such
 other training-related matters as the state ombudsman determines  to  be
 appropriate;
   §  3.  Subdivision  15  of  section  218 of the elder law, as added by
 section 1 of part A of chapter 759 of the laws of 2021,  is  amended  to
 read as follows:
   15.  [Long-term  care  ombudsman]  OUTREACH AND AWARENESS program. The
 [office of the] state long-term  care  ombudsman  shall  facilitate  and
 coordinate  the planning and implementation of an OUTREACH AND awareness
 program to advertise and promote the long-term  care  ombudsman  program
 AND  TO RECRUIT ADDITIONAL OMBUDSMEN.  Such program shall utilize educa-
 tional and informational materials [such as] INCLUDING, BUT NOT  LIMITED
 TO, media advertising, billboards, social media and the official website
 of the long-term care ombudsman program.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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