S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  612--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be  committed  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 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

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

                                                            LBD04808-02-1

 S. 612--A                           2
 
 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.  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-

 S. 612--A                           3

 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
 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
 ________________________________________________________________________
 
                                  612--B
     Cal. No. 330
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  RIVERA,  SKOUFIS, BIAGGI, COONEY, GAUGHRAN,
   HARCKHAM, HINCHEY, JACKSON, KRUEGER, PARKER -- read twice and  ordered
   printed, and when printed to be committed to the Committee on Aging --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  ordered to first and second report -- committed to the Committee
   on Rules -- ordered to a third reading, passed by Senate and delivered
   to the Assembly, recalled, vote reconsidered, restored to third  read-
   ing,  amended  and ordered reprinted, retaining its place in the order
   of third reading
 
 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 public health  law,
   in  relation  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 (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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04808-07-1

 S. 612--B                           2
 
 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

   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 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: (I) REPORTING TO THE DEPARTMENT, BY STAFF
 AND VOLUNTEERS OF THE LONG-TERM CARE OMBUDSMAN PROGRAM,  ISSUES  IDENTI-
 FIED  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 RESIDENTIAL 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
 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
 VOLUNTEERS REGARDING SUCH ISSUES REPORTED BY SUCH STAFF  AND  VOLUNTEERS
 PURSUANT  TO  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH AND THE RESOLUTION OF
 SUCH ISSUES; AND
   (III) REQUIRING THE DEPARTMENT TO 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 FACILI-
 TY, INCLUDING SURVEILLANCE OF  SUCH  FACILITY,  AND  OF  ANY  COMPLAINTS
 RECEIVED BY THE DEPARTMENT 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

 S. 612--B                           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.