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A06222 Summary:

BILL NOA06222
 
SAME ASSAME AS S04377
 
SPONSORWallace
 
COSPNSRBarron, Bichotte Hermelyn
 
MLTSPNSR
 
Amd §2803-c, add §2803-c-1, Pub Health L
 
Requires translations of a patient's rights into the six most common non-English languages of New York State; relates to the posting of information relating to the long-term care ombudsman program.
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A06222 Actions:

BILL NOA06222
 
03/10/2021referred to health
05/04/2021reported
05/06/2021advanced to third reading cal.326
05/10/2021substituted by s4377
 S04377 AMEND= MAY
 02/03/2021REFERRED TO HEALTH
 02/22/20211ST REPORT CAL.379
 02/23/20212ND REPORT CAL.
 02/24/2021ADVANCED TO THIRD READING
 03/24/2021PASSED SENATE
 03/24/2021DELIVERED TO ASSEMBLY
 03/24/2021referred to health
 05/10/2021substituted for a6222
 05/10/2021ordered to third reading cal.326
 05/10/2021passed assembly
 05/10/2021returned to senate
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A06222 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6222
 
SPONSOR: Wallace
  TITLE OF BILL: An act to amend the public health law, in relation to requiring trans- lations of a patient's rights; and in relation to the posting of infor- mation relating to the long-term care ombudsman program   PURPOSE OR GENERAL IDEA OF BILL: This bill mandates translation and provision of the Nursing Home Resi- dent's Bill of Rights into the six most common non-English languages and mandates prominent display of contact information for the long-term care ombudsman program in nursing homes.   SUMMARY OF PROVISIONS: Section 1: Amends section 2803-c of the public health law by adding a new subdivision 6. This section requires the department of health to translate the nursing home residents' bill of rights into the six most common non-English languages spoken in New York State. Each facility will post and make available such translation to residents. This part is effective immediately. Section 2: Adds a new section 2803-c-1 to the public health law. This section requires that facilities in the state prominently post in each resident's room the contact information for the state and regional offices of the longterm care ombudsman program, as well as contact information for the facility representative. They shall also provide updated such contact information to all residents and their families twice a year. This part is effective 120 days after becoming law. Section 3: Sets effective date, provided that applicable effective date of Section 2 is specifically set within that part.   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 Department of Health, to which complaints are funneled for investigation and resolution. Signif- icant evidence and testimonials from family members and ombudsman volun- teers indicate that neither of these assumptions are being met. This bill calls for specific measures to better inform families and nursing home residents of the existence of the LTCOP by requiring that informational fliers be posted in each resident's rooms. Currently, such information is most commonly posted in a single common area, such as an elevator lobby, and possibly included in a packet of information for families at the time of admission. Nevertheless, time and again, we have heard that family members were unaware they had access to an ombudsman to address issues or concerns relating to a loved one's care. We have heard from family councils that wondered why the information could not be posted in individual rooms rather than distributed in a packet of material that is rarely at hand or recalled if/when issues about care arise down the road. The bill also would assure that the Resident's Bill of Rights is available to residents in the six most common non-English languages in the state.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A06222 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6222
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2021
                                       ___________
 
        Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the public health law, in relation to  requiring  trans-
          lations  of  a  patient's  rights;  and  in relation to the posting of
          information relating to the long-term care ombudsman program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  2803-c  of  the  public health law is amended by
     2  adding a new subdivision 6 to read as follows:
     3    6. The department shall translate and make available to all facilities
     4  the statement in the six most common  non-English  languages  spoken  by
     5  individuals  with limited-English proficiency in New York state as based
     6  on the most recent census. Each facility shall post and  make  available
     7  copies of said statement for residents.
     8    § 2. The public health law is amended by adding a new section 2803-c-1
     9  to read as follows:
    10    §  2803-c-1.  Rights  of patients in certain medical facilities; long-
    11  term care ombudsman program. The commissioner shall require  that  every
    12  nursing  home  and  residential  health  care  facility providing health
    13  related service, as defined in subdivisions two and three and  paragraph
    14  (b)  of  subdivision  four  of  section twenty-eight hundred one of this
    15  article, prominently post in each resident's room,  contact  information
    16  for  the  state  and  regional  offices  of the long term care ombudsman
    17  program as provided for in section two hundred  eighteen  of  the  elder
    18  law,  as  well  as  contact information for the facility representative.
    19  Such nursing homes and residential health  care  facilities  shall  also
    20  provide  updated  contact information for the state and regional offices
    21  and facility representatives to all residents and their families twice a
    22  year.
    23    § 3. This act shall take effect immediately  provided,  however,  that
    24  the  provisions  of section two of this act shall take effect on the one
    25  hundred twentieth day after it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09449-01-1
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