•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05436 Summary:

BILL NOA05436A
 
SAME ASNo Same As
 
SPONSORClark
 
COSPNSRGottfried, Weinstein, Kim, Lunsford, Burdick, Fahy, Wallace, Simon, Zinerman, Griffin, Gonzalez-Rojas, Magnarelli, Galef, Forrest, Thiele, McDonald, Otis, Meeks, Bronson, Rozic, Cusick, Steck, Colton, Barrett, Barron, Cruz, Anderson, Sayegh, Stirpe, Woerner, Stern, Glick, Vanel, Cahill, Rosenthal L, Pichardo, Richardson, Zebrowski, Williams, Bichotte Hermelyn, Dinowitz, Rivera JD, Abbate, Sillitti, Buttenschon, Carroll, Lupardo, McMahon, Abinanti, Gallagher, Fall, Jacobson, Nolan, Perry, Peoples-Stokes, Hunter, Jackson, Santabarbara, Kelles, Reyes, Cook
 
MLTSPNSR
 
Amd §218, Eld L; amd §2803, Pub Health L
 
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).
Go to top    

A05436 Actions:

BILL NOA05436A
 
02/16/2021referred to aging
02/26/2021amend (t) and recommit to aging
02/26/2021print number 5436a
03/01/2021reported referred to ways and means
03/01/2021reported referred to rules
03/01/2021reported
03/02/2021rules report cal.26
03/02/2021ordered to third reading rules cal.26
03/04/2021passed assembly
03/04/2021delivered to senate
03/04/2021REFERRED TO AGING
Go to top

A05436 Memo:

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.
Go to top

A05436 Text:



 
                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.
Go to top