S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    749
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred 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 ombudsperson 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 14 of section 2803 of the public health law, as
 amended  by  chapter 770 of the laws of 2023, subparagraph (ii) of para-
 graph (a) as amended and paragraph (c) as added by  chapter  49  of  the
 laws of 2024, is amended to read as follows:
   14.  (a)  The  commissioner,  in consultation with the state long-term
 care [ombudsman] OMBUDSPERSON, shall establish policies  and  procedures
 [for]:  (i)  FOR reporting to the department, by staff and volunteers of
 the long-term care [ombudsman] OMBUDSPERSON program, on  issues  identi-
 fied  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 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] OMBUDSPERSON program staff and volunteers for the
 submission of reports;
   (ii) FOR timely and regular 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 state long-term care [ombudsman] OMBUDSPERSON a report
 on  the  status of such issue. Following the initial report, the depart-
 ment shall provide  additional  reports  to  the  state  long-term  care
 [ombudsman] OMBUDSPERSON no less than every ninety days thereafter until
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02579-01-5
 A. 749                              2
 
 such  issue  is  resolved. Upon resolution of such issue, the department
 shall provide a timely report to the state  long-term  care  [ombudsman]
 OMBUDSPERSON  indicating  the  manner  in  which the issue was resolved;
 [and]
   (iii)  requiring the department to notify the local [ombudsman] OMBUD-
 SPERSON entity as defined in paragraph (c) of subdivision one of section
 two hundred eighteen 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-
 TIAL  HEALTH  CARE  FACILITY,  TO  CONSULT WITH THE STATE LONG-TERM CARE
 OMBUDSPERSON 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] OMBUDSPERSON  program  or  the
 right  to  refuse  to  consent  to the involvement of the long-term care
 [ombudsman] OMBUDSPERSON.
   (c) As used in this subdivision: (i) "resolution" shall  mean  closure
 of  a  complaint  by  the department, whether closed as substantiated or
 unsubstantiated; and (ii) "status" shall mean whether the complaint  has
 been  assigned  to  department  staff  for  investigation,  whether  the
 complaint remains  open  under  active  investigation,  or  whether  the
 complaint has reached resolution.
   §  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 .] OMBUDSPERSON; 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 OMBUDSPERSON REGARDING A  RESIDENTIAL  HEALTH  CARE
 FACILITY OR SUCH FACILITY'S OPERATOR, ALONG WITH ANY RELEVANT STATEMENTS
 FROM ANY OMBUDSPERSON DESCRIBING THE STATE OF SUCH FACILITY.
   § 3. This act shall take effect immediately.