S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5436
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred 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); 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
 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

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

                                                            LBD04808-03-1

 A. 5436                             2
 
   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-
 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

 A. 5436                             3
 
 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5436--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A. CLARK, KIM, LUNSFORD, BURDICK, FAHY, WALLACE,
   SIMON, ZINERMAN, GRIFFIN, GONZALEZ-ROJAS, MAGNARELLI, GALEF,  FORREST,
   THIELE,  McDONALD,  OTIS,  MEEKS,  GOTTFRIED,  BRONSON, ROZIC, CUSICK,
   STECK, COLTON -- read once and referred 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 advertise and promote the long-
   term care ombudsman program (Part A);  to  amend  the  elder  law,  in
   relation  to directing the director of the state office for the aging,
   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); 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04808-04-1

 A. 5436--A                          2
 
 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  218  of the elder law is amended by adding a new
 subdivision 16 to read as follows:
   16.  REGULATIONS  AND  REPORTING  FOR  THE  LONG-TERM  CARE  OMBUDSMAN
 PROGRAM.  (A) THE DIRECTOR OF THE STATE OFFICE FOR THE AGING, IN CONSUL-
 TATION WITH THE STATE LONG-TERM CARE OMBUDSMAN AND THE COMMISSIONERS  OF
 THE  DEPARTMENTS  RESPONSIBLE  FOR THE LICENSE OR CERTIFICATION OF LONG-
 TERM CARE FACILITIES, SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISH-
 ING  UNIFORM POLICIES AND PROCEDURES FOR: (I) REPORTING TO THE APPROPRI-
 ATE AGENCY, 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 EFFECT
 THE HEALTH, SAFETY AND WELFARE OF RESIDENTS AT LONG-TERM 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
 APPROPRIATE AGENCY'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  APPROPRIATE  AGENCY  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 RESOL-
 UTION OF SUCH ISSUES; AND
   (III)  REQUIRING  THE  APPROPRIATE  AGENCY TO NOTIFY OMBUDSMAN PROGRAM
 STAFF AND VOLUNTEERS AT THE FACILITY WHERE SUCH STAFF AND VOLUNTEERS ARE
 ASSIGNED OF ANY COMPLAINTS RECEIVED BY THE APPROPRIATE AGENCY 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

 A. 5436--A                          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.