A10045 Summary:

BILL NOA10045A
 
SAME ASSAME AS S08617-A
 
SPONSORClark
 
COSPNSRMcDonald, Gonzalez-Rojas, Galef, Bronson, Gunther, Ashby, Simpson, Woerner, Rosenthal L, Simon, Griffin
 
MLTSPNSR
 
Amd §218, Eld L
 
Relates to annual reporting requirements of the state long-term care ombudsman; requires additional information to be contained in the state ombudsman's annual reports to the governor, state legislature, etc.; requires an additional annual report to be submitted to the attorney general on instances of abuse, neglect and exploitation, for review and possible enforcement action.
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A10045 Actions:

BILL NOA10045A
 
04/29/2022referred to aging
05/05/2022amend and recommit to aging
05/05/2022print number 10045a
05/09/2022reported referred to ways and means
06/02/2022reported referred to rules
06/02/2022reported
06/02/2022rules report cal.635
06/02/2022ordered to third reading rules cal.635
06/03/2022substituted by s8617a
 S08617 AMEND=A MAY
 03/22/2022REFERRED TO AGING
 05/03/20221ST REPORT CAL.977
 05/04/20222ND REPORT CAL.
 05/05/2022ADVANCED TO THIRD READING
 05/16/2022AMENDED ON THIRD READING 8617A
 05/24/2022PASSED SENATE
 05/24/2022DELIVERED TO ASSEMBLY
 05/24/2022referred to ways and means
 06/03/2022substituted for a10045a
 06/03/2022ordered to third reading rules cal.635
 06/03/2022passed assembly
 06/03/2022returned to senate
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A10045 Committee Votes:

AGING Chair:Kim DATE:05/09/2022AYE/NAY:26/0 Action: Favorable refer to committee Ways and Means
KimAyeTannousisAye
AbbateAyeAshbyAye
RiveraAyeBrabenecAye
RamosAyeSmithAye
BarnwellAbsentDeStefanoAye
JonesAyeGallahanAye
DickensAyeLawlerAye
RosenthalAyeBrownAye
SternAye
FrontusAye
ReyesAbsent
CruzAbsent
EichensteinAye
FallAye
ClarkAye
RajkumarAye
ForrestAye
ZinermanAye
MamdaniAbsent
TapiaAye
GibbsAye
LucasAye

WAYS AND MEANS Chair:Weinstein DATE:06/02/2022AYE/NAY:34/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
NolanAyeHawleyAye
PretlowAyeMontesanoAye
ColtonAyeBlankenbushExcused
CookAyeNorrisAye
CahillAyeBrabenecAye
AubryAyePalmesanoAye
CusickAyeByrneAye
BenedettoAyeAshbyAye
WeprinAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
BichotteAye

RULES Chair:Gottfried DATE:06/02/2022AYE/NAY:27/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushExcused
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensExcused
DavilaExcused
HyndmanAye

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A10045 Floor Votes:

There are no votes for this bill in this legislative session.
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A10045 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10045A
 
SPONSOR: Clark
  TITLE OF BILL: An act to amend the elder law, in relation to annual reporting require- ments of the state long-term care ombudsman   PURPOSE: To enhance annual reports prepared by the state long-term care ombudsman program.   SUMMARY OF PROVISIONS: Section 1: Amends the Elder Law to enhance the LTCOP annual report, including patterns of complaints, policy recommendations, and reporting about complaints. This also requires the annual report to include complaints of abuse, mistreatment, neglect, or fraud in facilities. Section 2: 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. As the only wholly independent oversight tool in the state, the state office has access to a wealth of information about problems inside of the state's nursing homes as well as broad insight into how those problems have been and may continue to be resolved. As part of their annual duties, the state office provides an annual report to the legislature. This bill will help to make those reports more robust by asking the state office to include information about patterns of complaints, policy recommendations, and detailed reporting about the kinds of complaints received by the regional offices. It also adds a new component to the report containing information about instances of abuse, mistreatment, neglect, or fraud in long-term care facilities to ensure the health and safety of all New Yorkers in such facilities.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: Immediately.
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A10045 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10045--A
 
                   IN ASSEMBLY
 
                                     April 29, 2022
                                       ___________
 
        Introduced  by M. of A. CLARK -- 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 annual reporting require-
          ments of the state long-term care ombudsman
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 14 of section 218 of the elder law, as amended
     2  by chapter 259 of the laws of 2018, is amended to read as follows:
     3    14. Annual report. On or before March thirty-first, two thousand five,
     4  and annually thereafter, the state ombudsman shall submit to the  gover-
     5  nor, commissioner of the federal administration on aging, speaker of the
     6  assembly,  temporary  president  of  the  senate,  director of the state
     7  office for the aging, commissioner of the department of health, and  the
     8  commissioner  of  children  and  family  services a report and make such
     9  report available to the public:
    10    (a) describing the activities carried out by the office of  the  state
    11  long-term care ombudsman during the prior calendar year;
    12    (b)  containing  and  analyzing data relating to complaints and condi-
    13  tions in long-term care facilities and to residents for the  purpose  of
    14  identifying and resolving significant problems, including an examination
    15  of any recurring complaints to determine if there are systemic issues in
    16  such facilities;
    17    (c) evaluating the problems experienced by, and the complaints made by
    18  or on behalf of, residents;
    19    (d)  containing  recommendations  for  appropriate  state legislation,
    20  rules and regulations and other action based on data collected  pursuant
    21  to this section, concerns raised by residents and families of residents,
    22  and  observations  made  when  visiting  long-term  care  facilities, to
    23  improve the quality of the care and life of  the  residents,  protecting
    24  the health, safety and welfare and rights of the residents and resolving
    25  resident complaints and identified problems or barriers;
    26    (e)  containing  an  analysis  of  the  success  of the long-term care
    27  ombudsman program, including success in providing services to residents;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14320-06-2

        A. 10045--A                         2
 
     1    (f) describing barriers that prevent  the  optimal  operation  of  the
     2  ombudsman program;
     3    (g) describing any organizational conflicts of interest in the ombuds-
     4  man  program  that have been identified and the steps taken to remove or
     5  remedy such conflicts; [and]
     6    (h) containing all complaints received by the state ombudsman relating
     7  to long-term care facilities including but  not  limited  to  complaints
     8  that  suggest  the  possible occurrence of physical abuse, mistreatment,
     9  neglect or Medicaid fraud, listed by type of  complaint,  facility  name
    10  and by region;
    11    (i)  containing  the number of visits to each long-term care facility,
    12  listed by facility name and by  region,  and  names  of  long-term  care
    13  facilities that did not receive any visits in the prior year; and
    14    (j) any other matters as the state ombudsman, in consultation with the
    15  director  of  the state office for the aging, determines to be appropri-
    16  ate.
    17    § 2. This act shall take effect immediately.
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