S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1955
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. ZINERMAN, BURDICK -- read once and referred to
   the Committee on Aging
 
 AN ACT to amend the elder law, in  relation  to  creating  the  district
   long-term care ombudsman council program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph 1 of paragraph (e) of subdivision 1 of section
 218 of the elder law, as added by chapter 259 of the laws  of  2018,  is
 amended, and a new paragraph (i) is added to read as follows:
   (1)  is  an employee or volunteer of the state office for the aging or
 of a designated local ombudsman entity, OR A MEMBER OF A DISTRICT  LONG-
 TERM  CARE  OMBUDSMAN COUNCIL PROGRAM and represents the state long-term
 care ombudsman program;
   (I) "DISTRICT COUNCIL" OR "DISTRICT COUNCIL PROGRAM"  SHALL  MEAN  THE
 DISTRICT  LONG-TERM CARE OMBUDSMAN COUNCIL PROGRAM ESTABLISHED IN SUBDI-
 VISION FOUR OF THIS SECTION.
   § 2. The opening paragraph and subparagraph  7  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 to read as follows:
   The  state  ombudsman,  personally  or  through  [authorized represen-
 tatives] THE DISTRICT LONG-TERM CARE OMBUDSMAN  COUNCIL  PROGRAM  ESTAB-
 LISHED IN SUBDIVISION FOUR OF THIS SECTION, shall:
   (7)  develop a certification training program and continuing education
 for ombudsmen 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 care facilities in  the  state,  investigative  and
 resolution  techniques,  and  such other training-related matters as the
 state ombudsman determines to be appropriate, FOR THE PURPOSES OF TRAIN-
 ING MEMBERS OF THE DISTRICT LONG-TERM  CARE  OMBUDSMAN  COUNCIL  PROGRAM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03635-01-3
              

 A. 1955                             2
 
 DESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION, SUCH TRAINING SHALL ALSO
 INCLUDE AN OVERVIEW OF SUCH PROGRAM;
   §  3.  Subdivision  4  of  section 218 of the elder law, as amended by
 chapter 259 of the laws of 2018, is amended to read as follows:
   4. Local long-term  care  ombudsman  program  AND  DISTRICT  LONG-TERM
 OMBUDSMAN  COUNCIL PROGRAM.  (a) The state ombudsman, in accordance with
 applicable state contracting procedures, [may] SHALL designate an entity
 to operate a local long-term care ombudsman program  for  [one  or  more
 counties]  EACH  ASSEMBLY DISTRICT, and shall monitor the performance of
 EACH 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 ombuds-
 man 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  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.
   (B-1)  THE  STATE OMBUDSMAN SHALL CREATE, IN EACH ASSEMBLY DISTRICT, A
 DISTRICT LONG-TERM CARE OMBUDSMAN  COUNCIL  PROGRAM  TO  COORDINATE  THE
 VOLUNTEERS  OF  EACH LOCAL LONG-TERM CARE OMBUDSMAN PROGRAM WITHIN THEIR
 DISTRICT. EACH DISTRICT COUNCIL SHALL CONSIST OF THE FOLLOWING MEMBERS:
   (I) A TRAINED DISTRICT COORDINATOR, APPOINTED BY THE STATE  OMBUDSMAN,
 TO  SERVE  AS  CHAIR, WHO SHALL BE PAID AN ANNUAL STIPEND OF TWO HUNDRED
 DOLLARS;
   (II) A TRAINED DISTRICT COORDINATOR TO SERVE AS CO-CHAIR, APPOINTED BY
 THE STATE OMBUDSMAN, WHO SHALL BE PAID AN ANNUAL STIPEND OF ONE  HUNDRED
 FIFTY DOLLARS;
   (III)  A  TRAINED DISTRICT COORDINATOR, APPOINTED BY THE STATE OMBUDS-
 MAN, TO SERVE AS SECRETARY, WHO SHALL BE PAID AN ANNUAL STIPEND  OF  ONE
 HUNDRED FIFTY DOLLARS; AND
   (IV)  EIGHT OR MORE RESIDENTS OF SUCH DISTRICT, APPROVED BY THE CHAIR,
 CO-CHAIR, AND SECRETARY OF THE DISTRICT COUNCIL,  TO  SERVE  AS  TRAINED
 DISTRICT  ADVOCATES, EACH OF WHOM SHALL BE PAID AN ANNUAL STIPEND OF ONE
 HUNDRED FIFTY DOLLARS.
   (B-2) THE POSITIONS OF LONG-TERM CARE OMBUDSMAN PROGRAM VOLUNTEER  AND
 DISTRICT  LONG-TERM  CARE  OMBUDSMAN  COUNCIL  PROGRAM ADVOCATE SHALL BE
 LISTED WITH THE HUMAN RESOURCES DEPARTMENTS OF THE DEPARTMENT OF HEALTH,
 STATE OFFICE OF THE AGING, AND ANY OTHER RELEVANT AGENCY.  SUCH  LISTING
 SHALL BE INCLUDED ON EACH SUCH AGENCY'S WEBSITE AND MARKETING MATERIALS,
 AND  SUCH  LISTING SHALL BE DISPLAYED ON THE DEPARTMENT OF LABOR WEBSITE
 AND IN STATE RUN CARE FACILITIES.
   (B-3) INFORMATION ABOUT THE ROLE AND RESPONSIBILITY  OF  THE  DISTRICT
 COUNCIL  PROGRAM  AND  THE  CONTACT  INFORMATION  OF THE MEMBERS OF SUCH
 DISTRICT COUNCIL PROGRAM PROVIDING SERVICES TO A LONG-TERM CARE FACILITY
 SHALL BE INCLUDED IN THE WELCOME PACKET OF ALL  NEW  RESIDENTS  TO  SUCH
 FACILITY ALONGSIDE THE PATIENT BILL OF RIGHTS.
   (c)(1)  Each  local 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 regu-
 lations, consistent with the provisions of this section and of Title VII
 of the federal older Americans act of 1965, as amended.   SUCH  DIRECTOR
 SHALL  WORK  WITH  THE DISTRICT COUNCIL TO CARRY-OUT THE REQUIREMENTS OF
 A. 1955                             3
 
 THIS SECTION. 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  care
 ombudsman program.
   (2)  No  local  program staff OR DISTRICT COUNCIL STAFF, including the
 supervisor and any volunteers, shall perform or carry out the activities
 on behalf of the state long-term care ombudsman program OR THE  DISTRICT
 LONG-TERM  OMBUDSMAN COUNCIL PROGRAM unless such staff has 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 OR DISTRICT COUNCIL PROGRAM.
   (3) FOR PURPOSES OF THE DISTRICT COUNCIL SUCH TRAININGS SHALL BE GIVEN
 ANNUALLY FOR ALL NEW RECRUITS TO SUCH PROGRAM AND SHALL BE AVAILABLE  IN
 BOTH  IN-PERSON  AND  ONLINE  FORMATS. EACH COUNCIL MEMBER SHALL ALSO BE
 REQUIRED TO COMPLETE TWO  OR  MORE  PROFESSIONAL  DEVELOPMENT  TRAININGS
 ANNUALLY.  SUCH PROFESSIONAL DEVELOPMENT TRAININGS SHALL BE DEVELOPED BY
 THE STATE OMBUDSMAN.
   (d) When the state ombudsman determines that a  local  long-term  care
 ombudsman  program does not meet the standards set forth in this section
 and in any related regulations, the  state  ombudsman,  in  coordination
 with  the state office for the aging, may refuse, suspend, or remove the
 designation of the local [ombudsmen] OMBUDSMAN entity. Prior  to  taking
 such  action,  the  state  ombudsman  shall  send  to the affected local
 program a notice of the state ombudsman's intentions to refuse, suspend,
 or remove the designation; 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 aging or the office of the state long-term care  ombudsman,  the
 state ombudsman will comply with the state office for the aging's deter-
 mination  that  such  designation should not be made or that such desig-
 nation 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.
   (F)  EACH DISTRICT SHALL RECEIVE THE SUM OF EIGHT HUNDRED TEN THOUSAND
 DOLLARS ANNUALLY FOR THE PURPOSES OF ADMINISTRATING THE  DISTRICT  LONG-
 TERM CARE OMBUDSMAN COUNCIL PROGRAM.
   §  4.  Subdivision  14  of section 218 of the elder law, as amended by
 chapter 776 of the laws of 2022, is amended to read as follows:
   14. Annual report. (A) 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
 of  the  assembly,  temporary  president  of the senate, director of the
 A. 1955                             4
 
 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)]  (I)  describing the activities carried out by the office of the
 state long-term care ombudsman during the prior calendar year;
   [(b)] (II) containing and analyzing data relating  to  complaints  and
 conditions in long-term care facilities and to residents for the purpose
 of identifying and resolving significant problems, including an examina-
 tion  of  any  recurring  complaints  to determine if there are systemic
 issues in such facilities;
   [(c)] (III) evaluating the problems experienced by, and the complaints
 made by or on behalf of, residents;
   [(d)] (IV) containing recommendations  for  appropriate  state  legis-
 lation,  rules  and regulations and other action based on data collected
 pursuant to this section, concerns raised by residents and  families  of
 residents,  and  observations  made when visiting long-term care facili-
 ties, to improve the quality of the care  and  life  of  the  residents,
 protecting  the  health,  safety and welfare and rights of the residents
 and resolving resident complaints and identified problems or barriers;
   [(e)] (V) containing an analysis of the success of the long-term  care
 ombudsman program, including success in providing services to residents;
   [(f)]  (VI)  describing barriers that prevent the optimal operation of
 the ombudsman program;
   [(g)] (VII) describing any organizational conflicts of interest in the
 ombudsman program that have been  identified  and  the  steps  taken  to
 remove or remedy such conflicts;
   [(h)] (VIII) containing all complaints received by the state ombudsman
 relating  to  long-term  care  facilities  including  but not limited to
 complaints that suggest  the  possible  occurrence  of  physical  abuse,
 mistreatment,  neglect  or  Medicaid fraud, listed by type of complaint,
 facility name and by region;
   [(i)] (IX) containing the number of  visits  to  each  long-term  care
 facility,  listed by facility name and by region, and names of long-term
 care facilities that did not receive any visits in the prior year; and
   [(j)] (X) any other matters as the state  ombudsman,  in  consultation
 with  the  director  of the state office for the aging, determines to be
 appropriate.
   (B) ON OR BEFORE MARCH THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FIVE,  AND
 ANNUALLY  THEREAFTER,  EACH  DISTRICT  LONG-TERM  CARE OMBUDSMAN COUNCIL
 PROGRAM SHALL SUBMIT TO THE ATTORNEY GENERAL  A  REPORT  AND  MAKE  SUCH
 REPORT AVAILABLE TO THE PUBLIC:
   (I)  DESCRIBING  THE  ACTIVITIES  CARRIED  OUT BY THE DISTRICT COUNCIL
 PROGRAM DURING THE PRIOR CALENDAR YEAR;
   (II) CONTAINING AND ANALYZING DATA RELATING TO COMPLAINTS  AND  CONDI-
 TIONS  IN  LONG-TERM CARE FACILITIES AND TO RESIDENTS FOR THE PURPOSE OF
 IDENTIFYING AND RESOLVING SIGNIFICANT PROBLEMS;
   (III) EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS  MADE
 BY OR ON BEHALF OF, RESIDENTS;
   (IV)  CONTAINING  RECOMMENDATIONS  FOR  APPROPRIATE STATE LEGISLATION,
 RULES AND REGULATIONS AND OTHER ACTION TO IMPROVE  THE  QUALITY  OF  THE
 CARE  AND  LIFE  OF  THE  RESIDENTS,  PROTECTING  THE HEALTH, SAFETY AND
 WELFARE AND RIGHTS OF THE RESIDENTS AND  RESOLVING  RESIDENT  COMPLAINTS
 AND IDENTIFIED PROBLEMS OR BARRIERS;
   (V)  CONTAINING  AN  ANALYSIS  OF  THE SUCCESS OF THE DISTRICT COUNCIL
 PROGRAM, INCLUDING SUCCESS IN PROVIDING SERVICES TO RESIDENTS;
 A. 1955                             5

   (VI) DESCRIBING BARRIERS THAT PREVENT THE  OPTIMAL  OPERATION  OF  THE
 DISTRICT COUNCIL PROGRAM;
   (VII)  DESCRIBING  ANY  ORGANIZATIONAL  CONFLICTS  OF  INTEREST IN THE
 DISTRICT COUNCIL PROGRAM THAT HAVE BEEN IDENTIFIED AND THE  STEPS  TAKEN
 TO REMOVE OR REMEDY SUCH CONFLICTS;
   (VIII)  ANY  OTHER  MATTERS  AS  THE DISTRICT COUNCIL DETERMINES TO BE
 APPROPRIATE; AND
   (IX) IN THE CASES OF NEW NURSING HOMES THAT ARE OPENING IN  A  PARTIC-
 ULAR  DISTRICT  UNDER A DIFFERENT NAME OR WITH OWNERSHIP FROM A PREVIOUS
 FACILITY THAT WAS CLOSED OR  CITED  FOR  ISSUES  BY  THE  DEPARTMENT  OF
 HEALTH,  PROVIDE RECOMMENDATIONS FOR THE NURSING HOME TO BE APPROVED FOR
 OPENING.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.