S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9002
 
                             I N  S E N A T E
 
                               June 12, 2018
                                ___________
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the elder law, in relation to the long-term care ombuds-
   man program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 218 of the elder law, paragraph (b) of subdivision
 1 as amended by section 1 of chapter 462 of the laws of  2015,  subpara-
 graph  3  of  paragraph (c) of subdivision 3 as amended by chapter 95 of
 the laws of 2004, paragraph (g) of subdivision 3 as added by chapter 462
 of the laws of 2015, and subparagraph 2 of paragraph (a) of  subdivision
 7  as  amended by chapter 230 of the laws of 2004, is amended to read as
 follows:
   § 218. [Long term] LONG-TERM care ombudsman. 1. Definitions.  For  the
 purposes  of  this section, the following terms shall have the following
 meanings:
   (a) ["Local ombudsman" shall mean an individual who is employed by the
 local entity designated pursuant to subdivision four of this section and
 who has been approved by the state ombudsman to perform or carry out the
 activities of the local long term  care  ombudsman  program.  The  local
 ombudsman  may be either a paid employee or volunteer of the local enti-
 ty] "ADMINISTRATIVE ACTION" SHALL MEAN ANY  ACTION  OR  DECISION  BY  AN
 OWNER,  EMPLOYEE, OR AGENT OF A LONG-TERM CARE FACILITY, OR BY A GOVERN-
 MENT AGENCY, WHICH AFFECTS THE PROVISION OF SERVICE TO RESIDENTS  OF  OR
 APPLICANTS FOR ADMISSION TO LONG-TERM CARE FACILITIES.
   (B) "IMMEDIATE FAMILY" PERTAINING TO CONFLICTS OF INTEREST, SHALL MEAN
 A  MEMBER  OF  THE  HOUSEHOLD  OR  A RELATIVE WITH WHOM THERE IS A CLOSE
 PERSONAL OR SIGNIFICANT FINANCIAL RELATIONSHIP.
   (C) "LOCAL OMBUDSMAN ENTITY" SHALL MEAN ANY ENTITY DESIGNATED TO OPER-
 ATE A LOCAL LONG-TERM CARE OMBUDSMAN PROGRAM.
   [(b) "Long term] (D) "LONG-TERM care facilities" shall  mean  residen-
 tial  health  care facilities as defined in subdivision three of section
 twenty-eight hundred one of the public health law[,]; adult care facili-
 ties as defined in subdivision twenty-one of section two of  the  social
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16127-03-8

 S. 9002                             2
 
 services  law, INCLUDING THOSE ADULT HOMES and ENRICHED HOUSING PROGRAMS
 LICENSED AS assisted living residences,  [as  defined  in]  PURSUANT  TO
 article forty-six-B of the public health law[,]; or any facilities which
 hold themselves out or advertise themselves as providing assisted living
 services  and  which  are required to be licensed or certified under the
 social services law or the public health law. Within the amounts  appro-
 priated  therefor,  ["long  term] "LONG-TERM care facilities" shall also
 mean managed [long term] LONG-TERM care plans and approved managed [long
 term] LONG-TERM care or operating demonstrations as defined  in  section
 forty-four  hundred three-f of the public health law and the term "resi-
 dent", "residents", "patient" and "patients" shall also  include  enrol-
 lees of such plans.
   [(c)  "State  ombudsman" shall mean the state long term care ombudsman
 appointed  by  the  director  pursuant  to  subdivision  three  of  this
 section.]
   (E) "LONG-TERM CARE OMBUDSMAN" OR "OMBUDSMAN" SHALL MEAN A PERSON WHO:
   (1)  IS  AN EMPLOYEE OR VOLUNTEER OF THE STATE OFFICE FOR THE AGING OR
 OF A DESIGNATED LOCAL OMBUDSMAN ENTITY AND REPRESENTS  THE  STATE  LONG-
 TERM CARE OMBUDSMAN PROGRAM;
   (2)  HAS  BEEN  VERIFIED  AS  HAVING SUCCESSFULLY COMPLETING A CERTIF-
 ICATION TRAINING PROGRAM DEVELOPED BY THE STATE OMBUDSMAN; AND
   (3) HAS A CURRENT DESIGNATION AS A LONG-TERM  CARE  OMBUDSMAN  BY  THE
 STATE LONG-TERM CARE OMBUDSMAN.
   (F) "RESIDENT REPRESENTATIVE" SHALL MEAN EITHER OF THE FOLLOWING:
   (1) AN INDIVIDUAL CHOSEN BY THE RESIDENT TO ACT ON BEHALF OF THE RESI-
 DENT  IN  ORDER  TO  SUPPORT  THE  RESIDENT  IN  DECISION-MAKING; ACCESS
 MEDICAL, SOCIAL, OR OTHER PERSONAL INFORMATION OF THE  RESIDENT;  MANAGE
 FINANCIAL MATTERS; OR RECEIVE NOTIFICATIONS;
   (2)  A  PERSON  AUTHORIZED  BY STATE OR FEDERAL LAW (INCLUDING BUT NOT
 LIMITED TO AGENTS UNDER POWER OF ATTORNEY,  REPRESENTATIVE  PAYEES,  AND
 OTHER  FIDUCIARIES) TO ACT ON BEHALF OF THE RESIDENT IN ORDER TO SUPPORT
 THE RESIDENT  IN  DECISION-MAKING;  ACCESS  MEDICAL,  SOCIAL,  OR  OTHER
 PERSONAL  INFORMATION  OF  THE  RESIDENT;  MANAGE  FINANCIAL MATTERS; OR
 RECEIVE NOTIFICATIONS;
   (3) A LEGAL REPRESENTATIVE, AS USED IN SECTION 712 OF THE OLDER AMERI-
 CANS ACT OF 1965, AS AMENDED; OR
   (4) THE COURT-APPOINTED GUARDIAN OR CONSERVATOR OF THE RESIDENT.
   (5) NOTHING IN THIS SECTION IS INTENDED TO EXPAND THE SCOPE OF AUTHOR-
 ITY OF ANY RESIDENT REPRESENTATIVE BEYOND  THAT  AUTHORITY  SPECIFICALLY
 AUTHORIZED  BY  THE RESIDENT, STATE OR FEDERAL LAW, OR A COURT OF COMPE-
 TENT JURISDICTION.
   (G) "STATE LONG-TERM CARE OMBUDSMAN" OR "STATE OMBUDSMAN"  SHALL  MEAN
 THE  INDIVIDUAL WHO HEADS THE OFFICE OF THE STATE LONG-TERM CARE OMBUDS-
 MAN AND IS RESPONSIBLE TO PERSONALLY, OR THROUGH REPRESENTATIVES OF  THE
 OFFICE  OF  THE  STATE  LONG-TERM CARE OMBUDSMAN, FULFILL THE FUNCTIONS,
 RESPONSIBILITIES AND DUTIES OF THE OFFICE OF THE  STATE  LONG-TERM  CARE
 OMBUDSMAN.
   (H) "WILLFUL INTERFERENCE" SHALL MEAN ACTIONS OR INACTIONS TAKEN BY AN
 INDIVIDUAL  IN  AN  ATTEMPT TO INTENTIONALLY PREVENT, INTERFERE WITH, OR
 ATTEMPT TO IMPEDE AN OMBUDSMAN FROM PERFORMING ANY OF THE  FUNCTIONS  OR
 RESPONSIBILITIES OF THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN.
   2. Office OF THE STATE LONG-TERM CARE OMBUDSMAN established. (A) There
 is hereby established within the STATE office FOR THE AGING an office of
 the  state  [long  term]  LONG-TERM  care  ombudsman [for the purpose of
 receiving and resolving complaints affecting  applicants,  patients  and
 residents in long term care facilities and, where appropriate, referring

 S. 9002                             3

 complaints  to  appropriate investigatory agencies and acting in concert
 with such agencies] WHICH SHALL BE HEADED BY THE  STATE  LONG-TERM  CARE
 OMBUDSMAN,  WHO SHALL CARRY OUT, DIRECTLY AND/OR THROUGH LOCAL OMBUDSMAN
 ENTITIES, THE DUTIES SET FORTH IN THIS SECTION.
   (B)  THE  OFFICE  OF  THE STATE LONG-TERM CARE OMBUDSMAN IS A DISTINCT
 ENTITY, SEPARATELY IDENTIFIABLE, AND LOCATED WITHIN THE STATE OFFICE FOR
 THE AGING.
   (C) THE STATE OFFICE FOR THE AGING SHALL PROVIDE  THE  LONG-TERM  CARE
 OMBUDSMAN  PROGRAM  WITH  LEGAL COUNSEL THAT IS ADEQUATE, AVAILABLE, HAS
 COMPETENCIES RELEVANT TO THE LEGAL NEEDS OF THE PROGRAM, AND IS  WITHOUT
 CONFLICT  OF INTEREST AS DETERMINED BY THE STATE OFFICE FOR THE AGING IN
 CONSULTATION WITH THE STATE LONG-TERM CARE OMBUDSMAN.
   (D) THE STATE OFFICE FOR THE AGING SHALL NOT ESTABLISH PERSONNEL POLI-
 CIES OR PRACTICES WHICH PROHIBIT THE OMBUDSMAN FROM PERFORMING THE FUNC-
 TIONS AND RESPONSIBILITIES OF  THE  OMBUDSMAN,  AS  SET  FORTH  IN  THIS
 SECTION.
   (E)  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE STATE OFFICE FOR THE
 AGING FROM REQUIRING THAT THE STATE OMBUDSMAN, OR OTHER EMPLOYEES OF THE
 OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN, ADHERE  TO  THE  PERSONNEL
 POLICIES AND PROCEDURES OF THE STATE OFFICE FOR THE AGING.
   3. State [long term] LONG-TERM care ombudsman. (a) The director OF THE
 STATE  OFFICE  FOR THE AGING shall appoint a full-time state [long term]
 LONG-TERM care ombudsman to administer and supervise the office  of  the
 state [long term] LONG-TERM care ombudsman.
   (b)  The state ombudsman shall be selected from among individuals with
 expertise and experience in [the fields of long term] LONG-TERM care and
 advocacy, LONG-TERM SERVICES AND SUPPORTS OR OTHER DIRECT  SERVICES  FOR
 OLDER PERSONS OR INDIVIDUALS WITH DISABILITIES, CONSUMER-ORIENTED PUBLIC
 POLICY  ADVOCACY,  LEADERSHIP AND PROGRAM MANAGEMENT SKILLS, NEGOTIATION
 AND PROBLEM RESOLUTION SKILLS, and with other qualifications  determined
 by  the director OF THE STATE OFFICE FOR THE AGING to be appropriate for
 the position.
   (c) ANY ACTUAL AND POTENTIAL CONFLICTS OF INTEREST SHALL BE IDENTIFIED
 AND ADDRESSED IN ACCORDANCE WITH SUBDIVISION TEN OF THIS SECTION.
   (D) The state ombudsman  [shall],  personally  or  through  authorized
 representatives  [as  provided for in paragraph (d) of this subdivision]
 SHALL:
   (1) identify, investigate and resolve complaints that are made by,  or
 on  behalf  of,  [long  term] LONG-TERM care residents in this state and
 that relate to actions, inactions or decisions that may adversely affect
 the health, safety and welfare or rights of such  residents;  [provided,
 however,  that] the state ombudsman [shall immediately] MAY refer to the
 appropriate investigatory agency information obtained during the  inves-
 tigation  of a complaint which suggests the possible occurrence of phys-
 ical abuse, mistreatment or neglect or  Medicaid  fraud,  in  accordance
 with [procedures established by the state ombudsman] THE OLDER AMERICANS
 ACT  OF  1965,  AS AMENDED AND THE REGULATIONS PROMULGATED THEREUNDER AS
 WELL AS RULES AND REGULATIONS PROMULGATED BY THE STATE  OFFICE  FOR  THE
 AGING; PROVIDED, HOWEVER, THAT UPON CONSENT OF THE RESIDENT, THE OMBUDS-
 MAN  OR  STATE  OMBUDSMAN  SHALL IMMEDIATELY MAKE SUCH REFERRAL.   [Such
 procedures shall include, but not be limited to, the  reporting  to  the
 appropriate   investigatory  agency  any  reasonable  information  which
 suggests the possible occurrence  of  physical  abuse,  mistreatment  or
 neglect as defined in section twenty-eight hundred three-d of the public
 health  law.]  Nothing in this section shall be construed as authorizing
 the state ombudsman to impose a resolution unacceptable to either  party

 S. 9002                             4
 
 involved in a complaint or to assume powers delegated to the commission-
 er  of  health  or  the department of health pursuant to article twenty-
 eight of the public health law or to the commissioner of the  office  of
 children  and  family  services  or  the  office  of children and family
 services pursuant to the social services law; nor does it authorize  the
 state  ombudsman to investigate final administrative determinations made
 pursuant to law by such  commissioners  if  such  decisions  become  the
 subject of complaints to the state ombudsman;
   (2)  provide  services to assist residents in protecting their health,
 safety, welfare and rights, including but not  limited  to  representing
 the  interests  of  residents  before  governmental agencies and seeking
 appropriate administrative, legal and other remedies  to  protect  their
 welfare, safety, health and rights;
   (3) inform the residents about means of obtaining services provided by
 [public  health, social services and veterans' affairs or] THE LONG-TERM
 CARE OMBUDSMAN PROGRAM AND other public agencies;
   (4) analyze, COMMENT ON, and monitor the development  and  implementa-
 tion  of federal, state and local laws, regulations [or], policies [with
 respect to the adequacy of long term care facilities and services in the
 state] AND ACTIONS THAT PERTAIN TO  THE  HEALTH,  SAFETY,  WELFARE,  AND
 RIGHTS OF THE RESIDENTS OF LONG-TERM CARE FACILITIES AND SERVICES IN THE
 STATE;
   (5)  [in consultation with the director, establish procedures for the]
 ENSURE THAT RESIDENTS HAVE REGULAR AND TIMELY  ACCESS  TO  THE  SERVICES
 PROVIDED THROUGH THE LONG-TERM CARE OMBUDSMAN PROGRAM AND THAT RESIDENTS
 AND  COMPLAINANTS  RECEIVE  TIMELY RESPONSES TO REQUESTS FOR INFORMATION
 AND COMPLAINTS;
   (6) RECOMMEND CHANGES IN FEDERAL, STATE AND LOCAL  LAWS,  REGULATIONS,
 POLICIES,  AND  ACTIONS  PERTAINING  TO THE HEALTH, SAFETY, WELFARE, AND
 RIGHTS OF RESIDENTS;
   (7) DEVELOP A CERTIFICATION  training  [of  the  authorized  represen-
 tatives  and  of  local]  PROGRAM AND CONTINUING EDUCATION FOR ombudsmen
 [and their staff] 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  federal,  state, and local laws, regulations, and policies with
 respect to [long term] LONG-TERM care facilities in the state,  INVESTI-
 GATIVE  AND  RESOLUTION  TECHNIQUES,  AND  SUCH  OTHER  TRAINING-RELATED
 MATTERS AS THE STATE OMBUDSMAN DETERMINES TO BE APPROPRIATE; [and
   (6)] (8) PROVIDE ADMINISTRATIVE AND TECHNICAL ASSISTANCE TO  LONG-TERM
 CARE OMBUDSMEN AND LOCAL OMBUDSMAN ENTITIES;
   (9)  MAKE  DETERMINATIONS AND ESTABLISH POSITIONS OF THE OFFICE OF THE
 STATE LONG-TERM CARE OMBUDSMAN,  WITHOUT  NECESSARILY  REPRESENTING  THE
 DETERMINATIONS OR POSITIONS OF THE STATE OFFICE FOR THE AGING;
   (10) RECOMMEND TO THE DIRECTOR OF THE STATE OFFICE FOR THE AGING POLI-
 CIES AND PROCEDURES FOR THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM;
   (11)  COORDINATE WITH AND PROMOTE THE DEVELOPMENT OF CITIZEN ORGANIZA-
 TIONS CONSISTENT WITH THE INTERESTS OF RESIDENTS;
   (12) PROMOTE, PROVIDE TECHNICAL SUPPORT FOR THE  DEVELOPMENT  OF,  AND
 PROVIDE  ONGOING SUPPORT AS REQUESTED BY RESIDENT AND FAMILY COUNCILS TO
 PROTECT THE WELL-BEING AND RIGHTS OF RESIDENTS;
   (13) PROVIDE LEADERSHIP TO STATEWIDE SYSTEMS ADVOCACY EFFORTS  OF  THE
 OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN ON BEHALF OF LONG-TERM CARE
 FACILITY  RESIDENTS,  INCLUDING COORDINATION OF SYSTEMS ADVOCACY EFFORTS
 CARRIED OUT BY REPRESENTATIVES OF THE OFFICE OF THE STATE LONG-TERM CARE
 OMBUDSMAN;

 S. 9002                             5
 
   (14) IN ACCORDANCE WITH APPLICABLE STATE CONTRACTING PROCEDURES, COOR-
 DINATE WITH THE STATE OFFICE FOR THE AGING IN THE REVIEW AND APPROVAL OF
 PLANS OR CONTRACTS GOVERNING LOCAL OMBUDSMAN ENTITY OPERATIONS;
   (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 FOUR, SIX AND NINE
 OF  THIS  SUBDIVISION.  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.
   [(d)(1)] (E) The state ombudsman, with the approval of the director OF
 THE  STATE  OFFICE  FOR  THE  AGING, may appoint one or more [authorized
 representatives] ASSISTANT STATE LONG-TERM CARE OMBUDSMEN to assist  the
 state  ombudsman  in  the  performance  of  his or her duties under this
 section. SUCH ASSISTANT STATE  OMBUDSMEN  MUST  BE  VERIFIED  AS  HAVING
 COMPLETED  A  CERTIFICATION  TRAINING  PROGRAM  DEVELOPED  BY  THE STATE
 OMBUDSMAN WITHIN SIX (6) MONTHS OF THEIR APPOINTMENT AS ASSISTANT  STATE
 OMBUDSMEN.
   [(2)]  (F)(1)  The  state ombudsman shall ONLY appoint [only those] AS
 OMBUDSMEN individuals who have been [certified as having  completed  the
 training  program  developed  pursuant to paragraph (c) of this subdivi-
 sion] VERIFIED AS COMPLETING THE CERTIFICATION TRAINING  PROGRAM  DEVEL-
 OPED  BY  THE  STATE  OMBUDSMAN.   IN ADDITION, THE STATE LONG-TERM CARE
 OMBUDSMAN MAY REFUSE, SUSPEND, OR REMOVE SUCH APPOINTMENTS OF OMBUDSMEN.
   (2) THE STATE OMBUDSMAN SHALL DEVELOP A GRIEVANCE PROCESS TO OFFER  AN
 OPPORTUNITY  FOR  RECONSIDERATION OF ANY DECISION TO REFUSE, SUSPEND, OR
 REMOVE APPOINTMENT OF ANY  OMBUDSMAN.    NOTWITHSTANDING  THE  GRIEVANCE
 PROCESS,  THE  STATE  OMBUDSMAN  SHALL  MAKE  THE FINAL DETERMINATION TO
 DESIGNATE OR TO REFUSE, SUSPEND, OR REMOVE APPOINTMENT OF AN OMBUDSMAN.
   [(e) No state ombudsman, authorized representative, local ombudsman or
 immediate family member of such person shall:
   (1) have a direct involvement in the licensing or certification  of  a
 long term care facility or of a provider of a long term care service;
   (2)  have  an ownership or investment interest (represented by equity,
 debt, or other financial relationship) in a long term care facility or a
 long term care service;
   (3) be employed by, or participate in the management of, a  long  term
 care facility; and
   (4)  receive  remuneration  (in  cash or in kind) under a compensation
 arrangement with an owner or operator of a long term care facility.
   (f) The state ombudsman shall establish written procedures to identify
 and remove conflicts of interest set out in paragraph (e) of this subdi-
 vision and shall include actions that the director may require an  indi-
 vidual  ombudsman  or  immediate  family  member  to take to remove such
 conflicts of interest.]
   (g) ANY ACTUAL AND POTENTIAL CONFLICTS OF INTEREST SHALL BE IDENTIFIED
 AND ADDRESSED IN ACCORDANCE WITH SUBDIVISION TEN OF THIS SECTION.
   (H) Within the amounts appropriated therefor, the state LONG-TERM CARE
 ombudsman program shall include services specifically designed to  serve
 persons enrolled in managed [long term] LONG-TERM care plans or approved
 managed  [long  term] LONG-TERM care or operating demonstrations author-
 ized under section forty-four hundred three-f of the public health  law,

 S. 9002                             6
 
 and  shall  also  review and respond to complaints relating to marketing
 practices by such plans and demonstrations.
   4.  Local  [long term] LONG-TERM care ombudsman program. (a) The state
 ombudsman, [with the approval of the director] IN ACCORDANCE WITH APPLI-
 CABLE STATE CONTRACTING PROCEDURES, may designate an entity to operate a
 local [long term] LONG-TERM care ombudsman program for one or more coun-
 ties, AND SHALL MONITOR THE PERFORMANCE OF SUCH  ENTITY.  IF  THE  STATE
 OFFICE  FOR THE AGING IS AWARE OR BECOMES AWARE OF ANY EVIDENCE THAT THE
 DESIGNATION OF AN ENTITY TO OPERATE A LONG-TERM CARE  OMBUDSMAN  PROGRAM
 BY  THE STATE LONG-TERM CARE OMBUDSMAN WOULD RESULT IN LEGAL CONCERNS OR
 LIABILITY FOR THE STATE OFFICE FOR THE AGING  OR  OFFICE  OF  THE  STATE
 LONG-TERM CARE OMBUDSMAN, THE STATE OMBUDSMAN WILL COMPLY WITH THE STATE
 OFFICE FOR THE AGING'S DETERMINATION THAT SUCH DESIGNATION SHOULD NOT BE
 MADE.
   (b)  The  designated entity shall be an area agency on aging, a public
 agency or a private  not-for-profit  corporation  which  is  [neither  a
 provider  or  regulator of long term care facilities, or an affiliate or
 unit of such agency or corporation] FREE FROM ANY CONFLICT  OF  INTEREST
 THAT  CANNOT BE REMEDIED. ANY ACTUAL AND POTENTIAL CONFLICTS OF INTEREST
 SHALL BE IDENTIFIED AND ADDRESSED IN ACCORDANCE WITH SUBDIVISION TEN  OF
 THIS SECTION.
   (c)(1)  Each  local [long term] LONG-TERM care ombudsman program shall
 be directed by a qualified individual who is employed and  paid  by  the
 local  entity  and  who  shall  have  the duties and responsibilities as
 provided in regulations, consistent with the provisions of this  section
 and of Title VII of the federal older Americans act of 1965, as amended.
 In  addition,  upon designation, the entity is responsible for providing
 for adequate and qualified staff, which may include  trained  volunteers
 to perform the functions of the local [long term] LONG-TERM care ombuds-
 man program.
   (2)  No  local  program staff, including the supervisor and any volun-
 teers, shall perform or carry out the activities on behalf of the [local
 long term] STATE LONG-TERM care ombudsman program unless such staff  has
 [received the training pursuant to paragraph (c) of subdivision three of
 this section] BEEN VERIFIED AS COMPLETING THE TRAINING PROGRAM DEVELOPED
 BY  THE  STATE OMBUDSMAN and has been approved by the state ombudsman as
 qualified to carry out the activities on behalf of the local program.
   (d) [The director, in consultation with  the  state  ombudsman,  shall
 establish  in  regulations  standards  for the operation of a local long
 term care ombudsman program.
   (e)] When the state ombudsman determines  that  a  local  [long  term]
 LONG-TERM  care  ombudsman program does not meet the standards set forth
 in this section and in any  related  regulations,  the  state  ombudsman
 [shall with the approval of the director withdraw], IN COORDINATION WITH
 THE  STATE  OFFICE  FOR  THE  AGING,  MAY REFUSE, SUSPEND, OR REMOVE the
 designation of the local [program] OMBUDSMEN  ENTITY.  Prior  to  taking
 such  action,  the  state  ombudsman  shall  send  to the affected local
 program a notice of [intention]  THE  STATE  OMBUDSMAN'S  INTENTIONS  to
 [withdraw]  REFUSE,  SUSPEND,  OR  REMOVE the designation[, which notice
 shall also inform the local program of its right  to  an  administrative
 hearing prior to the director's final determination. Such administrative
 hearing  shall  be  conducted in accordance with procedures set forth in
 regulations]; PROVIDED, HOWEVER, IF THE STATE OFFICE FOR  THE  AGING  IS
 AWARE  OR  BECOMES  AWARE  OF EVIDENCE THAT THE DESIGNATION OR CONTINUED
 DESIGNATION OF AN ENTITY TO OPERATE A LONG-TERM CARE  OMBUDSMAN  PROGRAM
 WOULD RESULT IN LEGAL CONCERNS OR LIABILITY FOR THE STATE OFFICE FOR THE

 S. 9002                             7

 AGING  OR  THE  OFFICE  OF THE STATE LONG-TERM CARE OMBUDSMAN, THE STATE
 OMBUDSMAN WILL COMPLY WITH THE STATE OFFICE  FOR  THE  AGING'S  DETERMI-
 NATION THAT SUCH DESIGNATION SHOULD NOT BE MADE OR THAT SUCH DESIGNATION
 BE REFUSED, SUSPENDED, OR REMOVED.
   (E)  THE STATE OMBUDSMAN SHALL DEVELOP A GRIEVANCE PROCESS TO OFFER AN
 OPPORTUNITY FOR RECONSIDERATION OF ANY DECISION TO REFUSE,  SUSPEND,  OR
 REMOVE  THE DESIGNATION OF A LOCAL OMBUDSMAN ENTITY. NOTWITHSTANDING THE
 GRIEVANCE PROCESS, THE STATE OMBUDSMAN SHALL  MAKE  THE  FINAL  DETERMI-
 NATION  TO DESIGNATE OR TO REFUSE, SUSPEND, OR REMOVE THE DESIGNATION OF
 A LOCAL OMBUDSMAN ENTITY; PROVIDED, HOWEVER, IF THE STATE OFFICE FOR THE
 AGING IS AWARE OR BECOMES AWARE OF ANY EVIDENCE THAT THE DESIGNATION  OF
 AN  ENTITY  TO  OPERATE  A LONG-TERM CARE OMBUDSMAN PROGRAM BY THE STATE
 LONG-TERM CARE OMBUDSMAN OR THAT THE FAILURE OF THE STATE  OMBUDSMAN  TO
 REFUSE,  SUSPEND,  OR REMOVE THE DESIGNATION OF A LOCAL OMBUDSMAN ENTITY
 WOULD RESULT IN LEGAL CONCERNS OR LIABILITY FOR THE STATE OFFICE FOR THE
 AGING OR THE OFFICE OF THE STATE LONG-TERM  CARE  OMBUDSMAN,  THE  STATE
 OMBUDSMAN  WILL  COMPLY  WITH  THE STATE OFFICE FOR THE AGING'S DETERMI-
 NATION THAT SUCH DESIGNATION SHOULD NOT BE MADE OR THAT SUCH DESIGNATION
 BE REFUSED, SUSPENDED, OR REMOVED.
   5. Review of complaint. [(a)] Upon receipt of a complaint, the ombuds-
 man OR STATE OMBUDSMAN shall determine [immediately] whether  there  are
 reasonable  grounds  for  an  investigation. Such investigation shall be
 conducted in a manner prescribed in regulations. The [state] ombudsman[,
 or the local ombudsman, whoever is appropriate, shall] OR STATE  OMBUDS-
 MAN MAY immediately refer to the appropriate investigatory agency infor-
 mation  obtained  during the investigation of a complaint which suggests
 the possible occurrence of physical abuse, mistreatment  or  neglect  or
 Medicaid  fraud, in accordance with [procedures established by the state
 ombudsman. Such procedures shall include, but not  be  limited  to,  the
 reporting to the appropriate investigatory agency if there is reasonable
 cause  to  believe  the  occurrence  of  physical abuse, mistreatment or
 neglect as defined in section twenty-eight hundred three-d of the public
 health law.
   (b) If the referral is made by the local  ombudsman,  a  copy  of  the
 referral,  together  with copies of any relevant information or records,
 shall be sent forthwith to the state ombudsman] AND SUBJECT TO ANY LIMI-
 TATIONS IDENTIFIED IN THE OLDER AMERICANS ACT OF 1965,  AS  AMENDED  AND
 THE  REGULATIONS PROMULGATED THEREUNDER AS WELL AS RULES AND REGULATIONS
 PROMULGATED BY THE STATE OFFICE FOR THE AGING; PROVIDED,  HOWEVER,  THAT
 UPON  CONSENT  OF  THE  RESIDENT, THE OMBUDSMAN OR STATE OMBUDSMAN SHALL
 IMMEDIATELY MAKE SUCH REFERRAL.
   6.  [Retaliatory  discrimination  prohibited.  (a)  No  person   shall
 discriminate  against  any resident of a long term care facility because
 such resident or any person acting on behalf of the resident has brought
 or caused to be brought any complaint to the state or  local  long  term
 care ombudsman for investigation, or against any resident or employee of
 a  long  term care facility or any other person because such resident or
 employee or any other person has given or provided  or  is  to  give  or
 provide any statements, testimony, other evidence or cooperation for the
 purposes of any such complaint.
   (b)  Any  resident  who  has reason to believe that he or she may have
 been discriminated against in violation of this subdivision may,  within
 thirty  days  after such alleged violation occurs, file a complaint with
 the commissioner of health pursuant to subdivision ten of section  twen-
 ty-eight hundred one-d of the public health law.

 S. 9002                             8

   7.]  Record access. (a) [(1) The state ombudsman, with the approval of
 the director, may approve and certify one or more previously  designated
 local  ombudsmen  or state representatives as a records access ombudsman
 upon their having completed the  training  program  for  records  access
 ombudsman set out in paragraph (b) of this subdivision; and
   (2)  A  records access ombudsman shall be an employee of the office of
 the state ombudsman or of the local entity designated  to  carry  out  a
 local  ombudsman program, except that the state ombudsman may certify as
 a records access ombudsman a volunteer under the direct  supervision  of
 the state ombudsman or of the supervisor of the local program, whichever
 is  appropriate,  if  such volunteer is licensed in a medical, legal, or
 social work profession, or whose  experience  and  training  demonstrate
 equivalent competency in medical and personal records review.
   (b)  Except  as  otherwise  provided  by law, no person, including the
 state ombudsman, his or her authorized  representatives,  or  any  local
 ombudsman,  shall  be authorized to have access to or review the medical
 or personal records of a patient or resident pursuant to  section  twen-
 ty-eight  hundred  three-c  of  the  public  health law and section four
 hundred sixty-one-a of the social services law or  pursuant  to  written
 consent  to  such access by the patient or resident, or his or her legal
 representative unless such person has been:
   (1) Certified as having satisfactorily completed  a  training  program
 prescribed  by  the  office  and  designed, among other purposes, to (A)
 impress upon the participant the value, purpose, and confidentiality  of
 medical  and  personal records, (B) familiarize the participant with the
 operational aspects of long term care facilities, and (C) deal with  the
 medical and psycho-social needs of patients or residents in such facili-
 ties; and
   (2) Certified as a records access ombudsman by the state ombudsman.
   (c)] AN OMBUDSMAN AND STATE OMBUDSMAN SHALL HAVE ACCESS TO:
   (1) MEDICAL, SOCIAL AND OTHER RECORDS RELATING TO A RESIDENT, IF:
   (A)  THE  RESIDENT  OR  RESIDENT  REPRESENTATIVE COMMUNICATES INFORMED
 CONSENT TO THE ACCESS AND THE CONSENT IS GIVEN IN WRITING OR THROUGH THE
 USE OF AUXILIARY AIDS AND SERVICES, PROVIDED THAT A  GUARDIAN  APPOINTED
 PURSUANT  TO  ARTICLE SEVENTEEN-A OF THE SURROGATE'S COURT PROCEDURE ACT
 OR ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW WHO  HAS  THE  AUTHORITY
 PURSUANT  TO  COURT ORDER TO GIVE SUCH CONSENT SHALL SUPERSEDE ANY OTHER
 RESIDENT REPRESENTATIVES;
   (B) THE RESIDENT  OR  RESIDENT  REPRESENTATIVE  COMMUNICATES  INFORMED
 CONSENT  ORALLY,  VISUALLY,  OR  THROUGH  THE  USE OF AUXILIARY AIDS AND
 SERVICES, AND SUCH CONSENT IS DOCUMENTED CONTEMPORANEOUSLY BY AN OMBUDS-
 MAN IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY  THE  STATE  OMBUDSMAN,
 PROVIDED  THAT  A  GUARDIAN APPOINTED PURSUANT TO ARTICLE SEVENTEEN-A OF
 THE SURROGATE'S COURT PROCEDURE ACT OR ARTICLE EIGHTY-ONE OF THE  MENTAL
 HYGIENE  LAW  WHO HAS THE AUTHORITY PURSUANT TO COURT ORDER TO GIVE SUCH
 CONSENT SHALL SUPERSEDE ANY OTHER RESIDENT REPRESENTATIVES; AND
   (C) ACCESS IS NECESSARY IN ORDER TO INVESTIGATE A COMPLAINT, THE RESI-
 DENT REPRESENTATIVE REFUSES TO CONSENT TO THE ACCESS, AN  OMBUDSMAN  HAS
 REASONABLE  CAUSE  TO  BELIEVE  THAT  THE RESIDENT REPRESENTATIVE IS NOT
 ACTING IN THE BEST INTERESTS OF THE RESIDENT, AND THE OMBUDSMAN  OBTAINS
 THE APPROVAL OF THE STATE OMBUDSMAN;
   (2)  ADMINISTRATIVE  RECORDS,  POLICIES,  AND  DOCUMENTS, TO WHICH THE
 RESIDENTS HAVE OR THE GENERAL  PUBLIC  HAS  ACCESS,  OF  LONG-TERM  CARE
 FACILITIES;

 S. 9002                             9
 
   (3)  ALL  LICENSING  AND CERTIFICATION RECORDS MAINTAINED BY THE STATE
 WITH RESPECT TO  LONG-TERM  CARE  FACILITIES  AND  COPIES  THEREOF  UPON
 REQUEST; AND
   (4) A LIST OF RESIDENT NAMES AND ROOM NUMBERS.
   (B)  No  ombudsman  OR STATE OMBUDSMAN shall disclose [the identity of
 the resident or complainant that made  a  complaint  to  the  ombudsman]
 FILES,  RECORDS, OR INFORMATION ABOUT A COMPLAINT, INCLUDING IDENTIFYING
 INFORMATION OF ANY RESIDENT OR COMPLAINANT unless:
   (1) the complainant or resident or his or her [legal] RESIDENT  repre-
 sentative  [gives  written] COMMUNICATES INFORMED consent to the ombuds-
 man[, except that written consent shall also  include  the  resident  or
 complainant  giving oral consent that is documented contemporaneously in
 a writing made by the ombudsman with the agreement of the complainant or
 resident and in accordance with requirements established by  the  direc-
 tor;  or]  IN  WRITING,  PROVIDED  THAT A GUARDIAN APPOINTED PURSUANT TO
 ARTICLE SEVENTEEN-A OF THE SURROGATE'S COURT PROCEDURE  ACT  OR  ARTICLE
 EIGHTY-ONE  OF  THE MENTAL HYGIENE LAW WHO HAS THE AUTHORITY PURSUANT TO
 COURT ORDER TO GIVE SUCH CONSENT  SHALL  SUPERSEDE  ANY  OTHER  RESIDENT
 REPRESENTATIVES.
   (2)  THE COMPLAINANT OR RESIDENT OR HIS OR HER RESIDENT REPRESENTATIVE
 COMMUNICATES INFORMED CONSENT ORALLY OR VISUALLY, INCLUDING THROUGH  THE
 USE  OF  AUXILIARY  AIDS  AND  SERVICES,  AND SUCH CONSENT IS DOCUMENTED
 CONTEMPORANEOUSLY BY AN OMBUDSMAN OR STATE OMBUDSMAN IN ACCORDANCE  WITH
 THE  PROCEDURES  OF  THE  OFFICE  OF THE STATE LONG-TERM CARE OMBUDSMAN,
 PROVIDED THAT A GUARDIAN APPOINTED PURSUANT TO  ARTICLE  SEVENTEEN-A  OF
 THE  SURROGATE'S COURT PROCEDURE ACT OR ARTICLE EIGHTY-ONE OF THE MENTAL
 HYGIENE LAW WHO HAS THE AUTHORITY PURSUANT TO COURT ORDER TO  GIVE  SUCH
 CONSENT SHALL SUPERSEDE ANY OTHER RESIDENT REPRESENTATIVES;
   [(2)] (3) THE DISCLOSURE IS REQUIRED pursuant to a court order; OR
   (4)  THE  RESIDENT  IS UNABLE TO COMMUNICATE INFORMED CONSENT AND DOES
 NOT HAVE A RESIDENT REPRESENTATIVE, OR THE STATE LONG-TERM CARE  OMBUDS-
 MAN  DETERMINES  THAT  THE  RESIDENT REPRESENTATIVE HAS TAKEN AN ACTION,
 INACTION OR MADE A DECISION THAT MAY ADVERSELY AFFECT THE HEALTH,  SAFE-
 TY,  WELFARE,  OR RIGHTS OF THE RESIDENT. IN SUCH CASES, DISCLOSURES MAY
 BE MADE IN ACCORDANCE WITH CRITERIA TO BE DEVELOPED BY THE STATE OMBUDS-
 MAN.
   (c) all files, records, and other information of  the  long-term  care
 ombudsman  program,  including information maintained by local ombudsman
 entities pertaining to the cases and activities of the program  are  the
 property  of  the  office  of  the  state long-term care ombudsman. Such
 files, records, and information may be disclosed only at the  discretion
 of  the  state  ombudsman  or  designee  of the state ombudsman for such
 purpose and in accordance with  the  criteria  developed  by  the  state
 ombudsman.
   (d)  No  ombudsman  OR  STATE  OMBUDSMAN  shall disclose to any person
 outside of the LONG-TERM CARE ombudsman program any information obtained
 from a [patient's or] resident's [records] RECORD without  the  approval
 of the state ombudsman or his or her designee, in accordance with proce-
 dures  for disclosure established by [the director in consultation with]
 the state ombudsman.  [Such  approval  is  not  required  for  suspected
 instances  of  physical abuse, mistreatment or neglect or Medicaid fraud
 and, subject to withholding identifying information of a  non-consenting
 complainant or resident under paragraph (c) of this subdivision, a local
 ombudsman  or state representative shall provide needed file information
 to the appropriate state and federal regulatory authorities and  cooper-
 ate with them to help further their investigation.]

 S. 9002                            10
 
   (e)  No  [records  access  or  other] ombudsman OR STATE OMBUDSMAN who
 directly or indirectly obtains access to  a  [patient's  or]  resident's
 medical  or  personal  records  pursuant to section twenty-eight hundred
 three-c of the public health law shall disclose  to  such  [patient  or]
 resident  or to any other person outside of the LONG-TERM CARE ombudsman
 program the content of any such records to which such  [patient,]  resi-
 dent  or  other  person  had  not  previously  had  the right of access,
 provided that this restriction shall not  prevent  such  ombudsman  from
 advising  such  [patient  or]  resident  of the status or progress of an
 investigation or complaint process initiated  at  the  request  of  such
 [patient  or]  resident  or from referring such complaint, together with
 the relevant records, to appropriate investigatory agencies. Any  person
 who  intentionally  violates the provisions of this subdivision shall be
 guilty of a misdemeanor. Nothing contained  in  this  section  shall  be
 construed  to limit or abridge any right of access to records, including
 financial records, otherwise available to ombudsmen, [patients or] resi-
 dents, or any other person.
   (F) NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  ANY  INDIVIDUAL,  WHEN
 ACTING  IN HIS OR HER OFFICIAL CAPACITY AS AN OMBUDSMAN, SHALL BE EXEMPT
 FROM  THE  MANDATORY  REPORTING  OF  ABUSE,  NEGLECT,  EXPLOITATION,  OR
 MALTREATMENT. HOWEVER, AN OMBUDSMAN MAY REPORT ABUSE, NEGLECT, EXPLOITA-
 TION,  OR  MALTREATMENT  IN  ACCORDANCE  WITH THE OLDER AMERICANS ACT OF
 1965, AS AMENDED AND THE REGULATIONS PROMULGATED THEREUNDER AS  WELL  AS
 RULES  AND  REGULATIONS  PROMULGATED  BY THE STATE OFFICE FOR THE AGING;
 PROVIDED, HOWEVER, THAT UPON CONSENT OF THE RESIDENT, THE  OMBUDSMAN  OR
 STATE OMBUDSMAN SHALL IMMEDIATELY MAKE SUCH REFERRAL.
   (G)  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT  THE DISCLOSURE BY AN
 OMBUDSMAN, STATE OMBUDSMAN, OR LOCAL OMBUDSMAN ENTITY OF NON-IDENTIFYING
 AGGREGATE DATA FOR MONITORING OR REPORTING PURPOSES TO THE STATE  OFFICE
 FOR  THE  AGING OR AGENCY IN WHICH A LOCAL OMBUDSMAN ENTITY IS ORGANIZA-
 TIONALLY LOCATED.
   (H) ANY INFORMATION ACCESSED PURSUANT TO THIS SUBDIVISION BY  A  LONG-
 TERM CARE OMBUDSMAN OR LOCAL OMBUDSMAN ENTITY SHALL ONLY BE USED FOR THE
 PURPOSES OF THE LONG-TERM CARE OMBUDSMAN PROGRAM. ANY USE OF SUCH INFOR-
 MATION  OTHER  THAN  FOR  THE  PURPOSES  OF THE LONG-TERM CARE OMBUDSMAN
 PROGRAM OR PURPOSES AUTHORIZED UNDER THIS SECTION MAY CONSTITUTE GROUNDS
 FOR THE DESIGNATION OF SUCH OMBUDSMAN OR LOCAL OMBUDSMAN  ENTITY  TO  BE
 REMOVED.
   7.  ACCESS TO LONG-TERM CARE FACILITIES. AN OMBUDSMAN OR STATE OMBUDS-
 MAN SHALL HAVE AUTHORITY TO ENTER ALL LONG-TERM CARE FACILITIES  AT  ANY
 TIME  DURING  A  FACILITY'S  REGULAR  BUSINESS HOURS OR REGULAR VISITING
 HOURS, AND AT ANY OTHER TIME WHEN ACCESS MAY BE REQUIRED BY THE  CIRCUM-
 STANCES TO BE INVESTIGATED AND SHALL HAVE ACCESS TO ALL RESIDENTS AND/OR
 THE  RESIDENT REPRESENTATIVE TO PERFORM ALL FUNCTIONS AND DUTIES ENUMER-
 ATED HEREIN.
   8. [Failure to cooperate. Any long term] NONINTERFERENCE.    NO  LONG-
 TERM care facility [which refuses] SHALL:
   (A)  REFUSE to permit [the state] AN ombudsman[, his or her authorized
 representative, or any local ombudsman] OR STATE  OMBUDSMAN  entry  into
 such  facility or [refuses], INTERFERE WITH, OR REFUSE to cooperate with
 [the state] AN ombudsman[, his or her authorized representative, or  any
 local  ombudsman  in  the]  OR  STATE  OMBUDSMAN carrying out [of] their
 mandated duties and responsibilities set forth in this section  and  any
 regulations promulgated pursuant thereto[, or refuses];

 S. 9002                            11
 
   (B) RETALIATE AGAINST AN OMBUDSMAN OR STATE OMBUDSMAN FOR CARRYING OUT
 HIS  OR  HER  MANDATED  DUTIES  AND  RESPONSIBILITIES  SET FORTH IN THIS
 SECTION AND ANY REGULATIONS PROMULGATED PURSUANT THERETO;
   (C)  REFUSE  to  permit  [patients]  RESIDENTS or staff to communicate
 freely and privately with [the state] AN ombudsman[, his or her  author-
 ized  representative,  or  any  local  ombudsman shall be subject to the
 appropriate sanction or penalties of the state agency that licenses  the
 facility]; OR
   (D) RETALIATE OR DISCRIMINATE AGAINST ANY RESIDENT, RESIDENT REPRESEN-
 TATIVE,  COMPLAINANT,  OR  STAFF  MEMBER  FOR  FILING  A COMPLAINT WITH,
 PROVIDING INFORMATION TO, OR OTHERWISE COOPERATING WITH ANY OMBUDSMAN OR
 STATE OMBUDSMAN.  ANY RESIDENT WHO HAS REASON TO BELIEVE THAT HE OR  SHE
 MAY HAVE BEEN DISCRIMINATED OR RETALIATED AGAINST IN VIOLATION OF SUBDI-
 VISION  EIGHT OF THIS SECTION MAY FILE A COMPLAINT WITH THE COMMISSIONER
 OF HEALTH PURSUANT TO SUBDIVISION TEN OF  SECTION  TWENTY-EIGHT  HUNDRED
 ONE-D OF THE PUBLIC HEALTH LAW.
   9.  FAILURE  TO  COOPERATE.    ANY  SUCH  FACILITY  THAT  VIOLATES THE
 PROVISIONS OF SUBDIVISION EIGHT OF THIS SECTION SHALL BE SUBJECT TO  THE
 APPROPRIATE  SANCTIONS  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-C
 OF THE PUBLIC HEALTH LAW, AND ACCOMPANYING REGULATIONS, IF SUCH FACILITY
 IS A RESIDENTIAL HEALTHCARE FACILITY OR SECTION FOUR HUNDRED SIXTY-D  OF
 THE  SOCIAL SERVICES LAW, AND ACCOMPANYING REGULATIONS, IF SUCH FACILITY
 IS AN ADULT CARE FACILITY.
   10. CONFLICT OF INTEREST.   THE STATE OFFICE FOR  THE  AGING  AND  THE
 STATE  OMBUDSMAN  SHALL  CONSIDER BOTH THE ORGANIZATIONAL AND INDIVIDUAL
 CONFLICTS OF INTEREST THAT MAY IMPACT THE EFFECTIVENESS AND  CREDIBILITY
 OF  THE  WORK OF THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN. IN SO
 DOING, BOTH THE STATE OFFICE FOR THE AGING AND THE STATE OMBUDSMAN SHALL
 BE RESPONSIBLE TO IDENTIFY ACTUAL AND POTENTIAL CONFLICTS AND,  WHERE  A
 CONFLICT  HAS  BEEN IDENTIFIED, TO REMOVE OR REMEDY SUCH CONFLICT AS SET
 FORTH IN PARAGRAPHS (B) AND (D) OF THIS SUBDIVISION.
   (A) IDENTIFYING CONFLICTS OF INTEREST.   IN IDENTIFYING  CONFLICTS  OF
 INTEREST,  THE  STATE OFFICE FOR THE AGING AND THE STATE OMBUDSMAN SHALL
 CONSIDER THE ORGANIZATIONAL CONFLICTS THAT MAY IMPACT THE  EFFECTIVENESS
 AND  CREDIBILITY  OF  THE WORK OF THE OFFICE OF THE STATE LONG-TERM CARE
 OMBUDSMAN.  ORGANIZATIONAL CONFLICTS OF INTEREST INCLUDE,  BUT  ARE  NOT
 LIMITED  TO, PLACEMENT OF THE OFFICE OF THE STATE LONG-TERM CARE OMBUDS-
 MAN, OR REQUIRING THAT A STATE OMBUDSMAN  OR  LONG-TERM  CARE  OMBUDSMAN
 PERFORM CONFLICTING ACTIVITIES, IN AN ORGANIZATION THAT:
   (1)  IS  RESPONSIBLE FOR LICENSING, SURVEYING, OR CERTIFYING LONG-TERM
 CARE FACILITIES;
   (2) IS RESPONSIBLE FOR LICENSING, SURVEYING, OR  CERTIFYING  LONG-TERM
 CARE SERVICES;
   (3)  IS  AN  ASSOCIATION  (OR  AN AFFILIATE OF SUCH AN ASSOCIATION) OF
 LONG-TERM CARE FACILITIES, OR OF ANY OTHER  RESIDENTIAL  FACILITIES  FOR
 OLDER INDIVIDUALS OR INDIVIDUALS WITH DISABILITIES;
   (4)  HAS  ANY OWNERSHIP OR INVESTMENT INTEREST (REPRESENTED BY EQUITY,
 DEBT, OR  OTHER  FINANCIAL  RELATIONSHIP)  IN,  OR  RECEIVES  GRANTS  OR
 DONATIONS FROM, A LONG-TERM CARE FACILITY;
   (5)  HAS  GOVERNING  BOARD  MEMBERS WITH ANY OWNERSHIP, INVESTMENT, OR
 EMPLOYMENT INTEREST IN LONG-TERM CARE FACILITIES;
   (6) PROVIDES LONG-TERM CARE TO RESIDENTS OF LONG-TERM CARE FACILITIES,
 INCLUDING THE PROVISION OF PERSONNEL FOR LONG-TERM  CARE  FACILITIES  OR
 THE  OPERATION OF PROGRAMS WHICH CONTROL ACCESS TO OR SERVICES FOR LONG-
 TERM CARE FACILITIES;

 S. 9002                            12
 
   (7) PROVIDES LONG-TERM CARE SERVICES, INCLUDING PROGRAMS  CARRIED  OUT
 UNDER  A MEDICAID WAIVER APPROVED UNDER SECTION 1115 OF THE SOCIAL SECU-
 RITY ACT (42 U.S.C. 1315) OR UNDER SUBSECTION (B) OR (C) OF SECTION 1915
 OF THE SOCIAL SECURITY ACT (42 U.S.C. 1396N), SUBSECTION  (I),  (J),  OR
 (K) OF SECTION 1915 OF THE SOCIAL SECURITY ACT (42 U.S.C. 1396N);
   (8) PROVIDES LONG-TERM CARE CASE MANAGEMENT;
   (9)  PROVIDES LONG-TERM CARE COORDINATION OR CASE MANAGEMENT FOR RESI-
 DENTS OF LONG-TERM CARE FACILITIES;
   (10) SETS REIMBURSEMENT RATES FOR LONG-TERM CARE FACILITIES;
   (11) SETS REIMBURSEMENT RATES FOR LONG-TERM CARE SERVICES;
   (12) PROVIDES ADULT PROTECTIVE SERVICES;
   (13) IS RESPONSIBLE FOR ELIGIBILITY DETERMINATIONS REGARDING  MEDICAID
 OR OTHER PUBLIC BENEFITS FOR RESIDENTS OF LONG-TERM CARE FACILITIES;
   (14)  CONDUCTS  PREADMISSION  SCREENING  FOR  LONG-TERM  CARE FACILITY
 PLACEMENTS;
   (15) MAKES DECISIONS REGARDING ADMISSION OR DISCHARGE  OF  INDIVIDUALS
 TO OR FROM LONG-TERM CARE FACILITIES; OR
   (16)  PROVIDES  GUARDIANSHIP,  CONSERVATORSHIP,  OR OTHER FIDUCIARY OR
 SURROGATE DECISION-MAKING  SERVICES  FOR  RESIDENTS  OF  LONG-TERM  CARE
 FACILITIES.
   (B)  REMOVING OR REMEDYING ORGANIZATIONAL CONFLICTS.  THE STATE OFFICE
 FOR THE AGING AND THE STATE OMBUDSMAN SHALL IDENTIFY AND TAKE  STEPS  TO
 REMOVE  OR  REMEDY CONFLICTS OF INTEREST BETWEEN THE OFFICE OF THE STATE
 LONG-TERM CARE OMBUDSMAN AND THE STATE OFFICE FOR  THE  AGING  OR  OTHER
 AGENCY CARRYING OUT THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
   (1)  THE  STATE  OMBUDSMAN  SHALL IDENTIFY ORGANIZATIONAL CONFLICTS OF
 INTEREST IN THE STATE LONG-TERM  CARE  OMBUDSMAN  PROGRAM  AND  DESCRIBE
 STEPS  TAKEN  TO  REMOVE  OR  REMEDY  CONFLICTS WITHIN THE ANNUAL REPORT
 SUBMITTED TO THE ASSISTANT  SECRETARY  THROUGH  THE  NATIONAL  OMBUDSMAN
 REPORTING SYSTEM.
   (2)  WHERE THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN IS LOCATED
 WITHIN OR OTHERWISE ORGANIZATIONALLY ATTACHED TO THE  STATE  OFFICE  FOR
 THE AGING, THE OFFICE FOR THE AGING SHALL:
   (A) TAKE REASONABLE STEPS TO AVOID INTERNAL CONFLICTS OF INTEREST;
   (B)  ESTABLISH  A  PROCESS  FOR  REVIEW AND IDENTIFICATION OF INTERNAL
 CONFLICTS;
   (C) TAKE STEPS TO REMOVE OR REMEDY CONFLICTS;
   (D) ENSURE THAT NO INDIVIDUAL, OR MEMBER OF THE IMMEDIATE FAMILY OF AN
 INDIVIDUAL, INVOLVED IN THE DESIGNATING, APPOINTING, OTHERWISE SELECTING
 OR TERMINATING THE STATE OMBUDSMAN IS SUBJECT TO A CONFLICT OF INTEREST;
 AND
   (E) ASSURE THAT THE STATE OMBUDSMAN HAS DISCLOSED SUCH  CONFLICTS  AND
 DESCRIBED  STEPS  TAKEN  TO REMOVE OR REMEDY CONFLICTS WITHIN THE ANNUAL
 REPORT SUBMITTED TO THE ASSISTANT SECRETARY THROUGH THE NATIONAL OMBUDS-
 MAN REPORTING SYSTEM.
   (3) WHERE THE STATE OFFICE FOR  THE  AGING  IS  UNABLE  TO  ADEQUATELY
 REMOVE OR REMEDY A CONFLICT, IT SHALL CARRY OUT THE STATE LONG-TERM CARE
 OMBUDSMAN  PROGRAM BY CONTRACT OR OTHER ARRANGEMENT WITH A PUBLIC AGENCY
 OR NONPROFIT PRIVATE ORGANIZATION. THE STATE OFFICE FOR  THE  AGING  MAY
 NOT  ENTER  INTO  A CONTRACT OR OTHER ARRANGEMENT TO CARRY OUT THE STATE
 LONG-TERM CARE OMBUDSMAN PROGRAM IF THE OTHER ENTITY, AND MAY NOT  OPER-
 ATE THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN DIRECTLY IF IT:
   (A)  IS  RESPONSIBLE FOR LICENSING, SURVEYING, OR CERTIFYING LONG-TERM
 CARE FACILITIES;

 S. 9002                            13
 
   (B) IS AN ASSOCIATION (OR AN AFFILIATE  OF  SUCH  AN  ASSOCIATION)  OF
 LONG-TERM  CARE  FACILITIES,  OR OF ANY OTHER RESIDENTIAL FACILITIES FOR
 OLDER INDIVIDUALS OR INDIVIDUALS WITH DISABILITIES; OR
   (C)  HAS  ANY  OWNERSHIP, OPERATIONAL, OR INVESTMENT INTEREST (REPRES-
 ENTED BY EQUITY, DEBT, OR OTHER FINANCIAL RELATIONSHIP) IN  A  LONG-TERM
 CARE FACILITY.
   (4)  WHERE  THE STATE OFFICE FOR THE AGING CARRIES OUT THE STATE LONG-
 TERM CARE OMBUDSMAN PROGRAM BY CONTRACT  OR  OTHER  ARRANGEMENT  WITH  A
 PUBLIC  AGENCY  OR  NONPROFIT PRIVATE ORGANIZATION, THE STATE OFFICE FOR
 THE AGING SHALL:
   (A) PRIOR TO CONTRACTING OR MAKING ANOTHER ARRANGEMENT,  TAKE  REASON-
 ABLE STEPS TO AVOID CONFLICTS OF INTEREST IN SUCH AGENCY OR ORGANIZATION
 WHICH  IS TO CARRY OUT THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM AND TO
 AVOID CONFLICTS OF INTEREST IN THE STATE OFFICE FOR THE AGING  OVERSIGHT
 OF THE CONTRACT OR ARRANGEMENT;
   (B)  ESTABLISH  A  PROCESS  FOR  PERIODIC REVIEW AND IDENTIFICATION OF
 CONFLICTS;
   (C) ESTABLISH CRITERIA FOR APPROVAL OF STEPS TAKEN BY  THE  AGENCY  OR
 ORGANIZATION TO REMEDY OR REMOVE CONFLICTS;
   (D)  REQUIRE  THAT SUCH AGENCY OR ORGANIZATION HAVE A PROCESS IN PLACE
 TO:
   (I) TAKE REASONABLE STEPS TO AVOID CONFLICTS OF INTEREST, AND
   (II) DISCLOSE IDENTIFIED CONFLICTS AND STEPS TAKEN TO REMOVE OR REMEDY
 CONFLICTS TO THE STATE OFFICE FOR THE AGING FOR REVIEW AND APPROVAL.
   (5) WHERE AN AGENCY OR ORGANIZATION CARRYING OUT THE  STATE  LONG-TERM
 CARE  OMBUDSMAN  PROGRAM  BY  CONTRACT  OR  OTHER ARRANGEMENT DEVELOPS A
 CONFLICT AND IS UNABLE TO ADEQUATELY REMOVE OR REMEDY  A  CONFLICT,  THE
 STATE OFFICE FOR THE AGING SHALL EITHER OPERATE THE STATE LONG-TERM CARE
 OMBUDSMAN  PROGRAM  DIRECTLY  OR  BY  CONTRACT OR OTHER ARRANGEMENT WITH
 ANOTHER PUBLIC AGENCY  OR  NONPROFIT  PRIVATE  ORGANIZATION.  THE  STATE
 OFFICE  FOR  THE  AGING  SHALL  NOT  ENTER  INTO  SUCH CONTRACT OR OTHER
 ARRANGEMENT WITH AN AGENCY OR  ORGANIZATION  WHICH  IS  RESPONSIBLE  FOR
 LICENSING  OR CERTIFYING LONG-TERM CARE FACILITIES IN THE STATE OR IS AN
 ASSOCIATION (OR AFFILIATE OF SUCH  AN  ASSOCIATION)  OF  LONG-TERM  CARE
 FACILITIES.
   (6)  WHERE  LOCAL  OMBUDSMAN  ENTITIES PROVIDE OMBUDSMAN SERVICES, THE
 STATE OMBUDSMAN SHALL:
   (A) PRIOR TO DESIGNATING  OR  RENEWING  DESIGNATION,  TAKE  REASONABLE
 STEPS  TO  AVOID  CONFLICTS  OF  INTEREST IN ANY AGENCY WHICH MAY HOST A
 LOCAL OMBUDSMAN ENTITY,
   (B) ESTABLISH A PROCESS FOR  PERIODIC  REVIEW  AND  IDENTIFICATION  OF
 CONFLICTS  OF  INTEREST  WITH THE LOCAL OMBUDSMAN ENTITY IN ANY AGENCIES
 HOSTING A LOCAL OMBUDSMAN ENTITY,
   (C) REQUIRE THAT SUCH AGENCIES DISCLOSE IDENTIFIED CONFLICTS OF INTER-
 EST WITH THE LOCAL OMBUDSMAN ENTITY AND STEPS TAKEN TO REMOVE OR  REMEDY
 CONFLICTS WITHIN SUCH AGENCY TO THE STATE OMBUDSMAN,
   (D) ESTABLISH CRITERIA FOR APPROVAL OF STEPS TAKEN TO REMEDY OR REMOVE
 CONFLICTS IN SUCH AGENCIES, AND
   (E)  ESTABLISH  A  PROCESS  FOR REVIEW OF AND CRITERIA FOR APPROVAL OF
 PLANS TO REMOVE OR REMEDY CONFLICTS WITH THE LOCAL OMBUDSMAN  ENTITY  IN
 SUCH AGENCIES.
   (7)  FAILURE OF AN AGENCY HOSTING A LOCAL OMBUDSMAN ENTITY TO DISCLOSE
 A CONFLICT TO THE OFFICE  OF  THE  STATE  LONG-TERM  CARE  OMBUDSMAN  OR
 INABILITY  TO  ADEQUATELY  REMOVE  OR REMEDY A CONFLICT SHALL CONSTITUTE
 GROUNDS FOR REFUSAL, SUSPENSION, OR REMOVAL OF DESIGNATION OF THE  LOCAL
 OMBUDSMAN ENTITY BY THE STATE OMBUDSMAN.

 S. 9002                            14
 
   (C)  IDENTIFYING INDIVIDUAL CONFLICTS OF INTEREST.  (1) IN IDENTIFYING
 CONFLICTS OF INTEREST, THE STATE OFFICE FOR  THE  AGING  AND  THE  STATE
 OMBUDSMAN SHALL CONSIDER INDIVIDUAL CONFLICTS THAT MAY IMPACT THE EFFEC-
 TIVENESS  AND  CREDIBILITY  OF THE WORK OF THE OFFICE OF THE STATE LONG-
 TERM CARE OMBUDSMAN OR LOCAL LONG-TERM CARE OMBUDSMAN PROGRAM.
   (2)  INDIVIDUAL  CONFLICTS  OF INTEREST FOR THE STATE OMBUDSMAN, LONG-
 TERM CARE OMBUDSMEN, AND MEMBERS OF THEIR IMMEDIATE FAMILY INCLUDE,  BUT
 ARE NOT LIMITED TO:
   (A)  DIRECT  INVOLVEMENT  IN THE LICENSING OR CERTIFICATION OF A LONG-
 TERM CARE FACILITY OR OF A PROVIDER OF A LONG-TERM CARE SERVICE;
   (B) OWNERSHIP, OPERATIONAL, OR  INVESTMENT  INTEREST  (REPRESENTED  BY
 EQUITY,  DEBT,  OR  OTHER  FINANCIAL  RELATIONSHIP)  IN  AN  EXISTING OR
 PROPOSED LONG-TERM CARE FACILITY OR A LONG-TERM CARE SERVICE;
   (C) EMPLOYMENT OF AN INDIVIDUAL BY, OR PARTICIPATION IN THE MANAGEMENT
 OF, A LONG-TERM CARE FACILITY IN THE SERVICE AREA OR  BY  THE  OWNER  OR
 OPERATOR OF ANY LONG-TERM CARE FACILITY IN THE SERVICE AREA;
   (D) RECEIPT OF, OR RIGHT TO RECEIVE, DIRECTLY OR INDIRECTLY, REMUNERA-
 TION (IN CASH OR IN KIND) UNDER A COMPENSATION ARRANGEMENT WITH AN OWNER
 OR OPERATOR OF A LONG-TERM CARE FACILITY;
   (E)  ACCEPTING  GIFTS  OR GRATUITIES OF SIGNIFICANT VALUE FROM A LONG-
 TERM CARE FACILITY OR ITS MANAGEMENT, A RESIDENT OR A RESIDENT REPRESEN-
 TATIVE OF A LONG-TERM CARE FACILITY IN  WHICH  THE  STATE  OMBUDSMAN  OR
 LONG-TERM  CARE  OMBUDSMAN  PROVIDE  SERVICES  (EXCEPT  WHERE THERE IS A
 PERSONAL RELATIONSHIP WITH A RESIDENT OR RESIDENT  REPRESENTATIVE  WHICH
 IS  SEPARATE  FROM THE INDIVIDUAL'S ROLE AS STATE OMBUDSMAN OR LONG-TERM
 CARE OMBUDSMAN);
   (F) ACCEPTING MONEY OR ANY OTHER CONSIDERATION FROM ANYONE OTHER  THAN
 THE  OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN, OR AN ENTITY APPROVED
 BY THE STATE OMBUDSMAN, FOR THE PERFORMANCE OF AN  ACT  IN  THE  REGULAR
 COURSE  OF THE DUTIES OF THE STATE OMBUDSMAN OR LONG-TERM CARE OMBUDSMAN
 WITHOUT STATE OMBUDSMAN APPROVAL;
   (G) SERVING AS GUARDIAN,  CONSERVATOR,  OR  IN  ANOTHER  FIDUCIARY  OR
 SURROGATE  DECISION-MAKING  CAPACITY  FOR A RESIDENT OF A LONG-TERM CARE
 FACILITY IN WHICH  THE  STATE  OMBUDSMAN  OR  LONG-TERM  CARE  OMBUDSMAN
 PROVIDES SERVICES; AND
   (H)  SERVING  RESIDENTS  OF  A  FACILITY  IN WHICH AN IMMEDIATE FAMILY
 MEMBER RESIDES.
   (D) REMOVING OR REMEDYING INDIVIDUAL CONFLICTS.  (1) THE STATE  OFFICE
 FOR  THE  AGING  OR STATE OMBUDSMAN SHALL DEVELOP AND IMPLEMENT POLICIES
 AND PROCEDURES TO ENSURE THAT  NO  STATE  OMBUDSMAN  OR  LONG-TERM  CARE
 OMBUDSMAN  ARE REQUIRED OR PERMITTED TO HOLD POSITIONS OR PERFORM DUTIES
 THAT WOULD CONSTITUTE A CONFLICT OF INTEREST AS SET FORTH  IN  PARAGRAPH
 (C)  OF  THIS SUBDIVISION.  THIS RULE DOES NOT PROHIBIT THE STATE OFFICE
 FOR THE AGING OR STATE OMBUDSMAN FROM HAVING POLICIES OR PROCEDURES THAT
 EXCEED THESE REQUIREMENTS.
   (2) WHEN CONSIDERING THE EMPLOYMENT, APPOINTMENT, OR DESIGNATION OF AN
 INDIVIDUAL AS THE STATE OMBUDSMAN OR AS A LONG-TERM CARE OMBUDSMAN,  THE
 STATE  OFFICE  FOR  THE  AGING  OR  OTHER EMPLOYING OR APPOINTING ENTITY
 SHALL:
   (A) TAKE REASONABLE STEPS TO AVOID EMPLOYING, APPOINTING, OR DESIGNAT-
 ING AN INDIVIDUAL WHO HAS AN UNREMEDIED CONFLICT OF INTEREST OR WHO  HAS
 A  MEMBER  OF THE IMMEDIATE FAMILY WITH AN UNREMEDIED CONFLICT OF INTER-
 EST;
   (B) TAKE REASONABLE STEPS TO AVOID ASSIGNING AN INDIVIDUAL TO  PERFORM
 DUTIES WHICH WOULD CONSTITUTE AN UNREMEDIED CONFLICT OF INTEREST;

 S. 9002                            15
 
   (C)  ESTABLISH  A  PROCESS  FOR  PERIODIC REVIEW AND IDENTIFICATION OF
 CONFLICTS OF STATE OMBUDSMAN AND LONG-TERM CARE OMBUDSMEN; AND
   (D) TAKE STEPS TO REMOVE OR REMEDY CONFLICTS.
   (3)  IN  NO  CIRCUMSTANCE SHALL THE ENTITY WHICH APPOINTS, EMPLOYS, OR
 DESIGNATES THE STATE OMBUDSMAN APPOINT, EMPLOY, OR DESIGNATE AN INDIVID-
 UAL AS THE STATE OMBUDSMAN WHO:
   (A) HAS DIRECT INVOLVEMENT IN THE  LICENSING  OR  CERTIFICATION  OF  A
 LONG-TERM CARE FACILITY;
   (B)  HAS  AN  OWNERSHIP OR INVESTMENT INTEREST (REPRESENTED BY EQUITY,
 DEBT, OR OTHER FINANCIAL RELATIONSHIP) IN  A  LONG-TERM  CARE  FACILITY.
 DIVESTMENT  WITHIN  A  REASONABLE  PERIOD  MAY BE CONSIDERED AN ADEQUATE
 REMEDY TO THIS CONFLICT;
   (C) HAS BEEN EMPLOYED BY OR PARTICIPATING IN THE MANAGEMENT OF A LONG-
 TERM CARE FACILITY WITHIN THE PREVIOUS TWELVE MONTHS; OR
   (D) RECEIVES, OR HAS THE RIGHT TO  RECEIVE,  DIRECTLY  OR  INDIRECTLY,
 REMUNERATION  (IN CASH OR IN KIND) UNDER A COMPENSATION ARRANGEMENT WITH
 AN OWNER OR OPERATOR OF A LONG-TERM CARE FACILITY.
   (4) IN NO CIRCUMSTANCE SHALL THE STATE OFFICE  FOR  THE  AGING  OR  AN
 AGENCY HOSTING A LOCAL OMBUDSMAN ENTITY APPOINT, EMPLOY, OR DESIGNATE AN
 INDIVIDUAL,  NOR SHALL THE STATE OMBUDSMAN DESIGNATE AN INDIVIDUAL, AS A
 LONG-TERM CARE OMBUDSMAN WHO:
   (A) HAS DIRECT INVOLVEMENT IN THE  LICENSING  OR  CERTIFICATION  OF  A
 LONG-TERM CARE FACILITY;
   (B)  HAS  AN  OWNERSHIP OR INVESTMENT INTEREST (REPRESENTED BY EQUITY,
 DEBT, OR OTHER FINANCIAL RELATIONSHIP) IN  A  LONG-TERM  CARE  FACILITY.
 DIVESTMENT  WITHIN  A  REASONABLE  PERIOD  MAY BE CONSIDERED AN ADEQUATE
 REMEDY TO THIS CONFLICT;
   (C) RECEIVES, DIRECTLY OR INDIRECTLY,  REMUNERATION  (IN  CASH  OR  IN
 KIND)  UNDER  A  COMPENSATION ARRANGEMENT WITH AN OWNER OR OPERATOR OF A
 LONG-TERM CARE FACILITY; OR
   (D) IS EMPLOYED BY, OR PARTICIPATING IN THE MANAGEMENT OF, A LONG-TERM
 CARE FACILITY.
   (I) AN AGENCY WHICH APPOINTS OR EMPLOYS LONG-TERM CARE OMBUDSMEN SHALL
 MAKE EFFORTS TO AVOID APPOINTING, EMPLOYING, OR DESIGNATING AN  INDIVID-
 UAL  AS  A  LONG-TERM CARE OMBUDSMAN WHO HAS BEEN EMPLOYED BY OR PARTIC-
 IPATING IN THE MANAGEMENT OF A LONG-TERM CARE FACILITY WITHIN THE PREVI-
 OUS TWELVE MONTHS.
   (II) WHERE SUCH INDIVIDUAL IS APPOINTED, EMPLOYED, OR DESIGNATED,  THE
 AGENCY SHALL TAKE STEPS TO REMEDY THE CONFLICT.
   11.  Civil  immunity.  Notwithstanding  any  other  provision  of law,
 ombudsmen designated under this section [or who are also records  access
 ombudsmen functioning in accordance with this section] shall be included
 within  the  definition of employee as set forth in section seventeen of
 the public officers law and shall be defended and indemnified in accord-
 ance with the provisions of article two of such law.
   [10.] 12. GRIEVANCE PROCESS. IN ADDITION TO THE PROVISIONS  LISTED  IN
 THIS  SECTION,  THE  STATE OMBUDSMAN SHALL RECOMMEND POLICIES AND PROCE-
 DURES FOR THE RECEIPT AND REVIEW OF GRIEVANCES REGARDING  DETERMINATIONS
 OR  ACTIONS  OF  THE STATE OMBUDSMAN OR OMBUDSMEN TO THE DIRECTOR OF THE
 STATE OFFICE FOR THE AGING.
   13. Regulations. The director OF THE STATE OFFICE FOR  THE  AGING,  IN
 CONSULTATION WITH THE STATE OMBUDSMAN, is authorized to promulgate regu-
 lations to implement the provisions of this section.
   [11.] 14. Annual report. On or before March thirty-first, two thousand
 five,  and  annually thereafter, the state ombudsman shall submit to the
 governor, commissioner of the FEDERAL administration on  aging,  speaker

 S. 9002                            16

 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] LONG-TERM care ombudsman during the prior calendar year;
   (b) containing and analyzing data relating to  complaints  and  condi-
 tions  in [long term] LONG-TERM care facilities and to residents for the
 purpose of identifying and resolving significant problems;
   (c) evaluating the problems experienced by, and the complaints made by
 or on behalf of, residents;
   (d) containing recommendations for[:
   (1)] appropriate state legislation, rules and  regulations  and  other
 action  to  improve  the quality of the care and life of the residents[;
 and
   (2)], protecting the health, safety and  welfare  and  rights  of  the
 residents  AND  RESOLVING RESIDENT COMPLAINTS AND IDENTIFIED PROBLEMS OR
 BARRIERS;
   (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) 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. Paragraph (b) of subdivision 1 of section 218 of the  elder  law,
 as  amended  by section 2 of chapter 462 of the laws of 2015, is amended
 to read as follows:
   [(b) "Long term] (D) "LONG-TERM care facilities" shall  mean  residen-
 tial  health  care facilities as defined in subdivision three of section
 twenty-eight hundred one of the public health law, adult care facilities
 as defined in subdivision  twenty-one  of  section  two  of  the  social
 services  law,  and  assisted  living  residences, as defined in article
 forty-six-B of the public health law, or any facilities which hold them-
 selves out or advertise themselves as providing assisted living services
 and which are required to be licensed  or  certified  under  the  social
 services law or the public health law.
   § 3. This act shall take effect immediately; provided, however that:
   (a) the amendments to paragraph (b) of subdivision 1 of section 218 of
 the  elder  law made by section two of this act shall take effect on the
 same date and in the same manner as section 2 of chapter 462 of the laws
 of 2015, takes effect; and
   (b) the amendments to paragraph (g) of subdivision 3 of section 218 of
 the elder law made by section one of  this  act  shall  not  affect  the
 repeal  of such paragraph as provided in section 5 of chapter 462 of the
 laws of 2015, as amended, and shall be deemed repealed therewith.