NY State Senate Bill 2021-S8614

Senate Bill S8614

2021-2022 Legislative Session

Relates to coordination between the department of health and the state long-term care ombudsman regarding residential health care facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2022	referred to health

2021-S8614 (ACTIVE) - Details

See Assembly Version of this Bill:: A10343
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L; amd §218, Eld L
Versions Introduced in 2023-2024 Legislative Session:: S3003, A1491

2021-S8614 (ACTIVE) - Summary

Relates to coordination between the department of health and the state long-term care ombudsman regarding residential health care facilities, including such facilities' compliance with state and federal law, and histories of complaints.

2021-S8614 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8614

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public health law and the elder law, in relation to
coordination between the department of health and the state long-term
care ombudsman regarding residential health care facilities

 
PURPOSE:

To increase the role of the long-term care ombudsman office in the
licensing, certification, or recertification, or issuance of a certif-
icate of need, to residential health care facilities.

 
SUMMARY OF PROVISIONS:

Section 1: amends the public health law to require the department of
health to consult with the state ombudsman about the record of
complaints and violations by facilities or facility operators when
licensing, certifying, or granting a certificate of need for a residen-
tial health care facility.

Section 2: amends the elder law to add such consultations with the
department of health to the state ombudsman's duties.

Section 3: provides the effective date.

 
JUSTIFICATION:

The state long-term care ombudsman program is one of the state's most
effective tools for ensuring accountability inside nursing homes.
Ombudsman staff and volunteers are active in most of the state's nursing
homes, working to ensure residents' rights are respected- and working
with facilities and the Department of Health to address issues when they
are not. The state office tracks complaints, regularly consults with
regional offices, and has significant insight into the challenges facing
various facilities and facility operators.  The Department of Health is
the agency responsible for ensuring that nursing homes are operating
acceptably, including when they issue or renew licenses and grant
certificates of need for new facilities, but does not regularly consult
the state office as part of this process.  To ensure that the department
is considering all relevant information in licensing, certifying, or
granting a certificate of need, this legislation requires that the
department consult with the state ombudsman as part of that process,
especially about operators' compliance with laws and the history of
complaints tracked by the ombudsman program.

 
FISCAL IMPACT:

Minimal.

 
LEGISLATIVE HISTORY:  New bill.   
EFFECTIVE DATE:
Immediately.

2021-S8614 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8614
 
                             I N  S E N A T E
 
                              March 22, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the elder law, in relation  to
   coordination  between the department of health and the state long-term
   care ombudsman regarding residential health care facilities

   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  section  1  of  part B of chapter 759 of the laws of 2021, is
 amended to read as follows:
   [13.] 14. (a) The commissioner, in consultation with the  state  long-
 term care ombudsman, shall promulgate rules and regulations establishing
 policies  and  procedures [for]: (i) FOR 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  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  tele-
 phone  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) 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 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 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[.]; AND
   (IV) REQUIRING THE DEPARTMENT,  PRIOR  TO  LICENSING,  CERTIFYING,  OR
 RECERTIFYING,  OR PRIOR TO GRANTING A CERTIFICATE OF NEED TO, A RESIDEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14831-01-2
 S. 8614                             2
 
 TIAL HEALTH CARE FACILITY, TO CONSULT  WITH  THE  STATE  LONG-TERM  CARE
 OMBUDSMAN  TO  INQUIRE  ABOUT COMPLIANCE WITH RELEVANT FEDERAL AND STATE
 LAW BY SUCH FACILITY OR SUCH FACILITY'S OPERATORS, AND ABOUT THE HISTORY
 AND  NATURE OF ANY COMPLAINTS REGARDING SUCH FACILITY OR SUCH FACILITY'S
 OPERATORS.
   (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. Subparagraphs 15 and 16 of paragraph  (d)  of  subdivision  3  of
 section  218  of the elder law, as amended by chapter 259 of the laws of
 2018, are amended and a new subparagraph 17 is added to read as follows:
   (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] SUBPARAGRAPHS
 four, six and nine of this [subdivision] PARAGRAPH.   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[.]; AND
   (17) UPON REQUEST FROM THE DEPARTMENT OF HEALTH, PREPARE AND DELIVER A
 REPORT TO THE DEPARTMENT OF HEALTH DOCUMENTING THE HISTORY OF COMPLAINTS
 TRACKED  BY  THE  STATE  OMBUDSMAN  REGARDING  A RESIDENTIAL HEALTH CARE
 FACILITY OR SUCH FACILITY'S OPERATOR, ALONG WITH ANY RELEVANT STATEMENTS
 FROM ANY OMBUDSMAN DESCRIBING THE STATE OF SUCH FACILITY.
   § 3. 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 section 1 of part B of chapter 759 of the laws  of  2021,
 takes effect.

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