S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5006
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ZINERMAN,  BURDICK, FORREST -- 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 ombudsperson 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] OMBUDSPERSON entity, OR A MEMBER OF  A
 DISTRICT  LONG-TERM CARE OMBUDSPERSON COUNCIL PROGRAM and represents the
 state long-term care [ombudsman] OMBUDSPERSON program;
   (I) "DISTRICT COUNCIL" OR "DISTRICT COUNCIL PROGRAM"  SHALL  MEAN  THE
 DISTRICT  LONG-TERM  CARE  OMBUDSPERSON  COUNCIL  PROGRAM ESTABLISHED IN
 SUBDIVISION FOUR OF THIS SECTION.
   § 2. The opening paragraph and subparagraph  7  of  paragraph  (d)  of
 subdivision  3 of section 218 of the elder law, the opening paragraph as
 amended by chapter 259 of the laws of 2018 and subparagraph 7 as amended
 by chapter 770 of the laws of 2023, are amended to read as follows:
   The state [ombudsman] OMBUDSPERSON, personally or through  [authorized
 representatives]   THE  DISTRICT  LONG-TERM  CARE  OMBUDSPERSON  COUNCIL
 PROGRAM ESTABLISHED IN SUBDIVISION FOUR OF THIS SECTION, shall:
   (7) develop a certification training program and continuing  education
 for  [ombudsmen] OMBUDSPERSON which at a minimum shall specify the mini-
 mum hours of training, the annual number of hours of  in-service  train-
 ing,  and  the  content  of the training, including, but not limited to,
 training relating to cultural competency and diversity, 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]  OMBUDSPER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08874-01-5
              

 A. 5006                             2
 
 SON  determines  to be appropriate, FOR THE PURPOSES OF TRAINING MEMBERS
 OF THE DISTRICT LONG-TERM CARE OMBUDSPERSON COUNCIL PROGRAM 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
 OMBUDSPERSON  COUNCIL PROGRAM.   (a) The state [ombudsman] OMBUDSPERSON,
 in accordance with applicable state contracting procedures, [may]  SHALL
 designate an entity to operate a local long-term care [ombudsman] OMBUD-
 SPERSON  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 desig-
 nation of an entity to operate a long-term care [ombudsman] OMBUDSPERSON
 program by the  state  long-term  care  [ombudsman]  OMBUDSPERSON  would
 result in legal concerns or liability for the state office for the aging
 or  office  of  the  state  long-term care [ombudsman] OMBUDSPERSON, the
 state [ombudsman] OMBUDSPERSON 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 OMBUDSPERSON SHALL CREATE, IN EACH ASSEMBLY  DISTRICT,
 A DISTRICT LONG-TERM CARE OMBUDSPERSON COUNCIL PROGRAM TO COORDINATE THE
 VOLUNTEERS  OF  EACH  LOCAL  LONG-TERM  CARE OMBUDSPERSON PROGRAM WITHIN
 THEIR DISTRICT. EACH DISTRICT COUNCIL SHALL  CONSIST  OF  THE  FOLLOWING
 MEMBERS:
   (I)  A TRAINED DISTRICT COORDINATOR, APPOINTED BY THE STATE OMBUDSPER-
 SON, 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  OMBUDSPERSON,  WHO  SHALL  BE  PAID AN ANNUAL STIPEND OF ONE
 HUNDRED FIFTY DOLLARS;
   (III) A TRAINED DISTRICT COORDINATOR, APPOINTED BY  THE  STATE  OMBUD-
 SPERSON,  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 OMBUDSPERSON PROGRAM VOLUNTEER
 AND DISTRICT LONG-TERM CARE OMBUDSPERSON COUNCIL PROGRAM ADVOCATE  SHALL
 BE  LISTED  WITH  THE  HUMAN  RESOURCES DEPARTMENTS OF THE DEPARTMENT OF
 HEALTH, STATE OFFICE FOR 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]  OMBUDSPERSON  program
 shall  be directed by a qualified individual who is employed and paid by
 A. 5006                             3
 
 the local entity and who shall have the duties and  responsibilities  as
 provided  in regulations, 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 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] OMBUDSPERSON 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] OMBUDSPERSON program
 OR THE DISTRICT OMBUDSPERSON LONG-TERM COUNCIL PROGRAM unless such staff
 has been verified as completing the training program  developed  by  the
 state  [ombudsman]  OMBUDSPERSON  and  has  been  approved  by the state
 [ombudsman] OMBUDSPERSON 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 OMBUDSPERSON.
   (d)  When  the  state [ombudsman] OMBUDSPERSON determines that a local
 long-term care [ombudsman] OMBUDSPERSON program does not meet the stand-
 ards set forth in this section and in any related regulations, the state
 [ombudsman] OMBUDSPERSON, in coordination with the state office for  the
 aging,  may  refuse,  suspend,  or  remove  the designation of the local
 [ombudsmen] OMBUDSPERSON entity. Prior to taking such action, the  state
 [ombudsman]  OMBUDSPERSON  shall  send  to  the affected local program a
 notice of the state [ombudsman's] OMBUDSPERSON'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] OMBUDSPERSON 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] OMBUDSPERSON, the state ombudsman will comply
 with  the  state  office  for the aging's determination that such desig-
 nation  should  not  be  made  or  that  such  designation  be  refused,
 suspended, or removed.
   (e) The state [ombudsman] OMBUDSPERSON shall develop a grievance proc-
 ess  to  offer  an  opportunity  for  reconsideration of any decision to
 refuse, suspend, or remove the designation of a local [ombudsman] OMBUD-
 SPERSON  entity.  Notwithstanding  the  grievance  process,  the   state
 [ombudsman] OMBUDSPERSON shall make the final determination to designate
 or  to refuse, suspend, or remove the designation of a local [ombudsman]
 OMBUDSPERSON 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]  OMBUDSPERSON  program
 by  the  state long-term care ombudsman or that the failure of the state
 [ombudsman] OMBUDSPERSON to refuse, suspend, or remove  the  designation
 of  a  local  [ombudsman]  OMBUDSPERSON  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] OMBUDSPERSON, the state [ombuds-
 man]  OMBUDSPERSON  will  comply  with  the state office for the aging's
 determination that such designation should not  be  made  or  that  such
 designation be refused, suspended, or removed.
 A. 5006                             4
 
   (F)  EACH DISTRICT SHALL RECEIVE THE SUM OF EIGHT HUNDRED TEN THOUSAND
 DOLLARS ANNUALLY FOR THE PURPOSES OF ADMINISTRATING THE  DISTRICT  LONG-
 TERM CARE OMBUDSPERSON 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] OMBUDSPERSON shall
 submit to the governor, commissioner of the  federal  administration  on
 aging,  speaker  of  the  assembly,  temporary  president of the senate,
 director of the state office for the aging, commissioner of the  depart-
 ment  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] OMBUDSPERSON 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]   OMBUDSPERSON   program,  including  success  in  providing
 services to residents;
   [(f)] (VI) describing barriers that prevent the optimal  operation  of
 the [ombudsman] OMBUDSPERSON 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  [ombuds-
 man]  OMBUDSPERSON  relating  to long-term care facilities including but
 not limited to complaints that suggest the possible occurrence of  phys-
 ical  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] OMBUDSPERSON,  in
 consultation with the director of the state office for the aging, deter-
 mines to be appropriate.
   (B)  ON  OR  BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, AND
 ANNUALLY THEREAFTER, EACH DISTRICT LONG-TERM CARE  OMBUDSPERSON  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;
 A. 5006                             5

   (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;
   (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.