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A11050 Summary:

BILL NOA11050
 
SAME ASSAME AS S09002
 
SPONSORLupardo
 
COSPNSRLifton
 
MLTSPNSR
 
Amd 218, Eld L
 
Relates to the long-term care ombudsman program.
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A11050 Actions:

BILL NOA11050
 
06/01/2018referred to aging
06/06/2018reported referred to codes
06/11/2018reported referred to rules
06/13/2018reported
06/13/2018rules report cal.209
06/13/2018ordered to third reading rules cal.209
06/18/2018passed assembly
06/18/2018delivered to senate
06/18/2018REFERRED TO RULES
06/18/2018SUBSTITUTED FOR S9002
06/18/20183RD READING CAL.1903
06/18/2018PASSED SENATE
06/18/2018RETURNED TO ASSEMBLY
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A11050 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A11050
 
SPONSOR: Rules (Lupardo)
  TITLE OF BILL: An act to amend the elder law, in relation to the long-term care ombudsman program   PURPOSE OF THE BILL: The purpose of this legislation is to bring the Elder Law in line with federal statute and newly promulgated federal regulations so that the state law that governs the Long-Term Care Ombudsman Program (LTCOP) is in conformance with the federal law and regulations that govern the LTCOP.   SUMMARY OF PROVISIONS: Section 1 of the bill would do the following: *Enumerate the responsibilities of the LTCOP and include the responsi- bilities that are required by federal law; *Establish the Office of the State Long-Term Care Ombudsman and list the qualifications required of an individual who is being considered for the position of State Long-Term Care Ombudsman; *Address the responsibilities of the State Long-Term Care Ombudsman and the requirements for the designation of local ombudsmen and local ombudsman entities; *Discuss the State Ombudsman's ability to refuse, suspend or withdraw the designation of local ombudsman entities; *List the requirements around identification, removal and remedy of both organizational and individual conflicts of interest; *Require ombudsmen access to residents and long-term care facilities and ombudsmen access to resident and facility records; *Specify the types of records to which the ombudsmen have access and under what circumstances ombudsmen may access those records; *Set forth language that prohibits the interference with an ombudsman while the ombudsman is carrying out his or her duties; and *Dictate the circumstances under which ombudsmen may reveal a resident's personal information to an individual not associated with the LTCOP. Section 2 of the bill would require the act to take effect immediately.   JUSTIFICATION: The LTCOP is established in the Older Americans Act of 1965 (OAA) for the purpose of serving as a resource and advocate for residents of nurs- ing homes, adult homes, assisted living facilities and family type homes. As required by the OAA, Ombudsmen work to identify, investigate, and resolve problems of individual residents and to bring about changes at the local, state and national levels that will improve residents' care and quality of life. The New York State Elder Law establishes the Office of the Long-Term Care Ombudsman within the New York State Office for the Aging and mirrors the objectives of the OAA. This legislation would bring the Elder Law in line with federal statute and the new regu- lations promulgated thereunder that govern the LTCOP. NYSOFA is compelled to have the Elder Law be in compliance and conformance with federal law and regulations. Failure by NYSOFA to achieve that compli- ance and conformance would jeopardize federal funding not only for the LTCOP, but for all OAA funded services administered by NYSOFA and our network of aging services providers which includes county sponsored area agencies on aging and not-for-profit aging services providers.   PRIOR LEGISLATIVE HISTORY: This is a new proposal.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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