NY State Senate Bill 2023-S3003

Senate Bill S3003

2023-2024 Legislative Session

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

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 26, 2023	referred to health

2023-S3003 (ACTIVE) - Details

See Assembly Version of this Bill:: A1491
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803, Pub Health L; amd §218, Eld L
Versions Introduced in 2021-2022 Legislative Session:: S8614, A10343

2023-S3003 (ACTIVE) - Summary

Provides for 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.

2023-S3003 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3003

SPONSOR: CLEARE
 
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.

2023-S3003 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3003
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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
 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)
 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  affect  the  health,  safety and welfare of residents at
 residential health care facilities licensed or certified by the  depart-
 ment  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) FOR 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
 resolution of such issues; [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[.]; 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.
                                                            LBD04765-01-3

 S. 3003                             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.

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