Directs the office of the state long-term care ombudsman to advertise and promote the long-term care ombudsman program and commissioners of the departments responsible for the license or certification of long-term care facilities (Part A); directs the commissioner of the state office for the aging, in consultation with the state long-term care ombudsman and the commissioners of the departments responsible for the license or certification of long-term care facilities, to establish policies and procedures for reporting, by staff and volunteers of the long-term care ombudsman program, issues concerning the health, safety and welfare of residents at long-term care facilities (Part B); includes access to state long-term care ombudsman program staff and volunteers within the pandemic emergency plan prepared by residential health care facilities (Part C).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5436A
SPONSOR: Clark TITLE OF BILL:
An act to amend the elder law, in relation to directing the office of
the state long-term care ombudsman to advertise and promote the long-
term care ombudsman program (Part A); to amend the elder law, in
relation to directing the director of the state office for the aging,
in consultation with the state long-term care ombudsman and the commis-
sioners of the departments responsible for the license or certification
of long-term care facilities, to establish policies and procedures for
reporting, by staff and volunteers of the long-term care ombudsman
program, issues concerning the health, safety and welfare of residents
at long-term care facilities (Part B); and to amend the public health
law, in relation to including access to state long-term care ombudsman
program staff and volunteers within the pandemic emergency plan prepared
by residential health care facilities (Part C)
PURPOSE OR GENERAL IDEA OF BILL:
This bill enacts a series of reforms to the State Long-Term Care Ombuds-
man program and related programs to increase accessibility for residents
of nursing homes and long-term care facilities to the Long-Term Care
Ombudsman Program
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Short title, sets name of the bill as the Long-Term Care
Ombudsman Program Reform Act.
Section 2: Legislative intent. Part A: Adds a new subdivision 15 to
section 218 of the Elder law. This section directs the office of the
State Long-Term Care Ombudsman program to develop a program to advertise
and promote awareness of the Long-Term Care Ombudsman program. This part
shall take effect immediately.
Part B: Adds a new subdivision 16 to section 218 of the elder law. This
part requires the State Office for the Aging to establish policies and
procedures allowing for staff and volunteers of the ombudsman program to
report issues directly to the department which oversees the facility on
which the Ombudsman is reporting. These procedures will involve estab-
lishing a hotline and portion of the relevant department's website
specifically for use by ombudsman staff and volunteers. It also requires
the departments to develop rules establishing standards for timely and
regular communications to the ombudsman program and staff regarding
issues reported by staff and volunteers. This part is effective imme-
diately.
Part C: Amends subparagraph (i) of paragraph (a) of subdivision 12 of
section 2803 of the public health law. This adds a plan to facilitate
access to state long-term care ombudsman staff and volunteers within a
facility's pandemic preparedness plan. This part is effective immediate-
ly.
Section 3: Severability clause. Section 4: Effective Date.
JUSTIFICATION:
New York State's Long-term Care Ombudsman Program (LTCOP) was estab-
lished more than four decades ago as part of the federal Older Americans
Act. Its purpose, in the state program's own words, is to advocate "for
residents by investigating and resolving complaints made by or on behalf
of residents; promoting the development of resident and family councils;
and informing government agencies, providers, and the general public
about issues and concerns impacting residents of long-term care facili-
ties." The effectiveness of the program, however, relies on an assump-
tion that residents and families know of the program and its services
and on the existence of effective two-way channels of communication
between LTCOP staff and volunteers and the departments which oversee
these facilities, to which complaints are funnelled for investigation
and resolution. Significant evidence and testimonials from family
members and ombudsman volunteers indicate that neither of these assump-
tions are being met. This bill enhances the ombudsman program in several
ways. It also calls for enhanced two-way communication between depart-
ments which oversee the facilities and LTCOP. This measure would address
concerns that LTCOP volunteers and staff are often kept in the dark
about the status of complaints or required corrective actions in
response to those complaints. This communication gap seriously undercuts
morale and compromises the perceived effectiveness of volunteers dili-
gently working to be responsive to family and resident concerns. It also
has been cited as a likely contributing factor in why the state
program-which is heavily reliant on volunteers-has such difficulty
retaining adequate numbers of such volunteers to satisfy required visi-
tation benchmarks, as revealed by a state comptroller report in fall
2019. Finally, it also requires that facilities include ombudsman access
as part of their pandemic preparation plans.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5436--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 16, 2021
___________
Introduced by M. of A. CLARK, KIM, LUNSFORD, BURDICK, FAHY, WALLACE,
SIMON, ZINERMAN, GRIFFIN, GONZALEZ-ROJAS, MAGNARELLI, GALEF, FORREST,
THIELE, McDONALD, OTIS, MEEKS, GOTTFRIED, BRONSON, ROZIC, CUSICK,
STECK, COLTON -- read once and referred to the Committee on Aging --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the elder law, in relation to directing the office of
the state long-term care ombudsman to advertise and promote the long-
term care ombudsman program (Part A); to amend the elder law, in
relation to directing the director of the state office for the aging,
in consultation with the state long-term care ombudsman and the
commissioners of the departments responsible for the license or
certification of long-term care facilities, to establish policies and
procedures for reporting, by staff and volunteers of the long-term
care ombudsman program, issues concerning the health, safety and
welfare of residents at long-term care facilities (Part B); and to
amend the public health law, in relation to including access to state
long-term care ombudsman program staff and volunteers within the
pandemic emergency plan prepared by residential health care facilities
(Part C)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "long-term care ombudsman program reform act".
3 § 2. Legislative intent. This act enacts into law legislation relating
4 to the long-term care ombudsman program. Each component is wholly
5 contained within a Part identified as Parts A through C. The effective
6 date for each particular provision contained within such Part is set
7 forth in the last section of such Part. Any provision in any section
8 contained within a Part, including the effective date of the Part, which
9 makes a reference to a section "of this act", when used in connection
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04808-04-1
A. 5436--A 2
1 with that particular component, shall be deemed to mean and refer to the
2 corresponding section of the Part in which it is found. Section four of
3 this act sets forth the general effective date of this act.
4 PART A
5 Section 1. Section 218 of the elder law is amended by adding a new
6 subdivision 15 to read as follows:
7 15. Long-term care ombudsman program. The office of the state long-
8 term care ombudsman shall facilitate and coordinate the planning and
9 implementation of an awareness program to advertise and promote the
10 long-term care ombudsman program. Such program shall utilize educational
11 and informational materials such as media advertising, billboards,
12 social media and the official website of the long-term care ombudsman
13 program.
14 § 2. This act shall take effect immediately.
15 PART B
16 Section 1. Section 218 of the elder law is amended by adding a new
17 subdivision 16 to read as follows:
18 16. Regulations and reporting for the long-term care ombudsman
19 program. (a) The director of the state office for the aging, in consul-
20 tation with the state long-term care ombudsman and the commissioners of
21 the departments responsible for the license or certification of long-
22 term care facilities, shall promulgate rules and regulations establish-
23 ing uniform policies and procedures for: (i) reporting to the appropri-
24 ate agency, by staff and volunteers of the long-term care ombudsman
25 program, issues identified or witnessed by such staff and volunteers
26 that relate to actions, inactions or decisions that may adversely effect
27 the health, safety and welfare of residents at long-term care facilities
28 in this state. Such policies and procedures shall include, but not be
29 limited to, establishing a telephone hotline and reporting form on the
30 appropriate agency's website for use by long-term care ombudsman program
31 staff and volunteers for the submission of reports;
32 (ii) timely and regular communications by the appropriate agency to
33 the state long-term care ombudsman and long-term care ombudsman program
34 staff and volunteers regarding such issues reported by such staff and
35 volunteers pursuant to subparagraph (i) of this paragraph and the resol-
36 ution of such issues; and
37 (iii) requiring the appropriate agency to notify ombudsman program
38 staff and volunteers at the facility where such staff and volunteers are
39 assigned of any complaints received by the appropriate agency concerning
40 such facility.
41 (b) Nothing in this subdivision shall be construed to limit in any way
42 a resident's right to privacy and confidentiality pursuant to the regu-
43 lations of the long-term care ombudsman program or the right to refuse
44 to consent to the involvement of the long-term care ombudsman.
45 § 2. This act shall take effect on the ninetieth day after it shall
46 have become a law. Effective immediately, the addition, amendment and/or
47 repeal of any rule or regulation necessary for the implementation of
48 this act on its effective date are authorized to be made and completed
49 on or before such effective date.
50 PART C
A. 5436--A 3
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 12 of
2 section 2803 of the public health law is amended by adding a new clause
3 (C) to read as follows:
4 (C) that includes a method to provide all residents with access, at no
5 cost, to state long-term care ombudsman program staff and volunteers,
6 and that provides state long-term care ombudsman program staff and
7 volunteers with access to the facility; and
8 § 2. This act shall take effect immediately.
9 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
10 sion, section or part of this act shall be adjudged by any court of
11 competent jurisdiction to be invalid, such judgement shall not affect,
12 impair, or invalidate the remainder thereof, but shall be confined in
13 its operation to the clause, sentence, paragraph, subdivision, section
14 or part thereof directly involved in the controversy in which such
15 judgement shall have been rendered. It is hereby declared to be the
16 intent of the legislature that this act would have been enacted even if
17 such invalid provisions had not been included herein.
18 § 4. This act shall take effect immediately provided, however, that
19 the applicable effective date of Parts A through C of this act shall be
20 as specifically set forth in the last section of such Parts.
