S T A T E O F N E W Y O R K
________________________________________________________________________
886
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed 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
S. 886 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
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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
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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;
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(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.
