S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7218
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Aging
 
 AN  ACT to amend the public health law, in relation to the reporting and
   resolution of issues at residential care facilities; and to amend  the
   elder  law,  in  relation  to  establishing  an outreach and awareness
   program to promote and recruit long-term care ombudsman and the train-
   ing of such ombudsmen
 
   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 amended by chapter 19 of the laws of 2022,  is  amended  to  read  as
 follows:
   [13.]  14.  (a) The commissioner, in consultation with the state long-
 term care ombudsman, shall establish policies and  procedures  for:  (i)
 reporting  to  the  department, by staff and volunteers of the long-term
 care ombudsman program, ON issues identified or witnessed by such  staff
 and  volunteers  that relate to actions, inactions or decisions that may
 adversely affect the health, safety and welfare of residents at residen-
 tial 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 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 regarding such issues  reported  by  staff  and
 volunteers pursuant to subparagraph (i) of this paragraph and the resol-
 ution  of  such  issues]  RESOLUTION  TO ANY SUCH ISSUES REPORTED TO THE
 DEPARTMENT PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. NO LATER THAN
 SIXTY DAYS AFTER THE RECEIPT OF ANY SUCH  ISSUE,  THE  DEPARTMENT  SHALL
 PROVIDE  THE  STAFF OR VOLUNTEER WHO REPORTED SUCH ISSUE A REPORT ON THE
 STATUS OF SUCH ISSUE. FOLLOWING THE INITIAL REPORT, THE DEPARTMENT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11325-03-3
              

 A. 7218                             2
 
 PROVIDE ADDITIONAL REPORTS TO SUCH STAFF OR VOLUNTEER NO LESS THAN EVERY
 SIXTY DAYS THEREAFTER UNTIL SUCH ISSUE IS RESOLVED.  UPON RESOLUTION  OF
 SUCH  ISSUE,  THE DEPARTMENT SHALL PROVIDE A TIMELY REPORT TO SUCH STAFF
 OR  VOLUNTEER  AND  THE  STATE  LONG-TERM  CARE OMBUDSMAN INDICATING THE
 MANNER IN WHICH THE ISSUE WAS RESOLVED; and
   (iii) requiring the department to notify the local ombudsman entity as
 defined in paragraph (c) of subdivision one of section two hundred eigh-
 teen of the elder law after the department  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.  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,  is
 amended to read as follows:
   (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  CULTURAL  COMPETENCY  AND  DIVERSITY, federal, state, and local
 laws, regulations, and policies with respect to long-term  care  facili-
 ties  in  the  state,  investigative and resolution techniques, and such
 other training-related matters as the state ombudsman determines  to  be
 appropriate;
   §  3.  Subdivision  15  of  section  218 of the elder law, as added by
 section 1 of part A of chapter 759 of the laws of 2021,  is  amended  to
 read as follows:
   15.  [Long-term  care  ombudsman]  OUTREACH AND AWARENESS program. The
 [office of the] state long-term  care  ombudsman  shall  facilitate  and
 coordinate  the planning and implementation of an OUTREACH AND awareness
 program to advertise and promote the long-term  care  ombudsman  program
 AND  TO RECRUIT ADDITIONAL OMBUDSMEN.  Such program shall utilize educa-
 tional and informational materials [such as] INCLUDING, BUT NOT  LIMITED
 TO, media advertising, billboards, social media and the official website
 of the long-term care ombudsman program.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.