S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8592
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Aging
 
 AN ACT to amend the public health law, in relation to  the  state  long-
   term  care  ombudsman program; and to amend part C of a chapter of the
   laws of 2021 amending the public  health  law  relating  to  including
   access  to state long-term care ombudsman program staff and volunteers
   within the pandemic emergency plan prepared by residential health care
   facilities, as proposed in legislative bills numbers S. 612-B  and  A.
   5436-B, in relation to the effectiveness thereof
 
   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
 added by part B of a chapter of the laws of 2021,  amending  the  public
 health  law relating to requiring the commissioner of health, in consul-
 tation with the state long-term care ombudsman,  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 residential  health  care  facilities,  as  proposed  in
 legislative  bills numbers S. 612-B and A. 5436-B, is amended to read as
 follows:
   13. (a) The commissioner, in consultation  with  the  state  long-term
 care  ombudsman,  shall  [promulgate rules and regulations establishing]
 ESTABLISH policies and procedures for: (i) 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 [effect] AFFECT the
 health, safety and welfare  of  residents  at  residential  health  care
 facilities  licensed  or certified by the department in this state. Such
 policies and procedures shall include, but not be limited to, establish-
 ing 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 [and long-term care ombudsman program staff and

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

                                                            LBD04808-08-2
 A. 8592                             2

 volunteers] regarding such issues reported by [such]  staff  and  volun-
 teers  pursuant to subparagraph (i) of this paragraph and the resolution
 of such issues; and
   (iii)  requiring the department to notify THE LOCAL ombudsman [program
 staff and volunteers at the facility where such staff and volunteers are
 assigned of the time when] ENTITY AS DEFINED IN PARAGRAPH (C) OF  SUBDI-
 VISION  ONE  OF  SECTION TWO HUNDRED EIGHTEEN OF THE ELDER LAW AFTER the
 department  [will  conduct  inspections  of  such  facility,   including
 surveillance  of  such  facility,  and of any complaints received by the
 department concerning such facility] 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. Clause (C) of subparagraph (i) of paragraph (a) of subdivision 12
 of  section 2803 of the public health law, as added by part C of a chap-
 ter of the laws of 2021, amending the  public  health  law  relating  to
 including  access  to  state  long-term care ombudsman program staff and
 volunteers within the pandemic emergency plan  prepared  by  residential
 health  care  facilities,  as  proposed  in legislative bills numbers S.
 612-B and A. 5436-B, is amended to read as follows:
   (C) that includes a method, CONSISTENT WITH  ANY  GUIDANCE  AND  REGU-
 LATIONS  ISSUED  BY  THE  COMMISSIONER,  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
   § 3. Section 2 of part C of a chapter of the laws  of  2021,  amending
 the  public  health  law relating to including access to state long-term
 care ombudsman program staff and volunteers within the pandemic emergen-
 cy plan prepared by residential health care facilities, as  proposed  in
 legislative  bills numbers S. 612-B and A. 5436-B, is amended to read as
 follows:
   § 2. This act shall take effect [immediately]  ON  THE  NINETIETH  DAY
 AFTER IT SHALL HAVE BECOME A LAW.
   §  4.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner  as  part  B  of a chapter of the laws of 2021, relating to
 requiring the commissioner of health, in  consultation  with  the  state
 long-term  care  ombudsman,  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 residential health care facilities, as proposed in legislative  bills
 numbers  S.  612-B  and  A. 5436-B, takes effect; and, provided further,
 that section two of this act shall take effect on the same date  and  in
 the  same manner as part C of a chapter of the laws of 2021, relating to
 including access to state long-term care  ombudsman  program  staff  and
 volunteers  within  the  pandemic emergency plan prepared by residential
 health care facilities, as proposed  in  legislative  bills  numbers  S.
 612-B and A. 5436-B, takes effect.