Relates to the reporting and resolution of issues at residential health care facilities; requires long-term care ombudsmen to receive training in cultural competency and diversity; establishes an outreach and awareness program to promote and recruit long-term care ombudsmen.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7218
SPONSOR: Kim TITLE OF BILL:
An act to amend the public health law, in relation to the reporting and
resolution of issues at residential care facilities; and to amend the
elder law, in relation to establishing an outreach and awareness program
to promote and recruit long-term care ombudsman and the training of such
ombudsmen
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to enhance communication between the Depart-
ment of Health and the Long-Term Care Ombudsman Program, and attract
more ombudsman to the Program.
SUMMARY OF PROVISIONS:
Section 1 of the bill would require the Department of Health to provide
a status report no later than sixty days upon receipt to the ombudsman
staff or volunteer who reported an issue to the Department. Following
the initial report, the Department must provide additional reports to
such staff or volunteer no less than every sixty days thereafter until
the issue is resolved. Upon a resolution, the Department must provide a
timely report to such staff or volunteer and the state long-term care
ombudsman indicating the resolution.
Section 2 of the bill would require training in cultural competency and
diversity to be included in the required certification training program
for ombudsmen.
Section 3 of the bill would expand the current long-term care ombudsman
awareness program to also include outreach to recruit additional ombuds-
men.
Section 4 of the bill is the effective date.
JUSTIFICATION:
In 2021 and 2022, legislation was signed into law that would strengthen
the Long-Term Care Ombudsman Program including establishing an awareness
program, requiring certain policies and procedures be established to
facilitate greater communication between ombudsmen and the Department of
Health, and requiring additional data reporting.
Since then, there have still been concerns about the lack of communi-
cation between the Department of Health and the ombudsmen regarding
complaints raised by residents and their families that have been
reported to the Department of Health. This bill would provide a specific
process to ensure complaints are resolved in a timely manner and there
is communication between the Department of Health and ombudsmen.
Additionally, the bill would establish an outreach program to attract
more staff and volunteers, particularly those in under presented commu-
nities, so that all facilities can have a regular ombudsman present.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Unknown.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7218
2023-2024 Regular Sessions
IN ASSEMBLY
May 15, 2023
___________
Introduced by M. of A. KIM -- read once and referred to the Committee on
Aging
AN ACT to amend the public health law, in relation to the reporting and
resolution of issues at residential care facilities; and to amend the
elder law, in relation to establishing an outreach and awareness
program to promote and recruit long-term care ombudsman and the train-
ing of such ombudsmen
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 13 of section 2803 of the public health law,
2 as amended by chapter 19 of the laws of 2022, is amended to read as
3 follows:
4 [13.] 14. (a) The commissioner, in consultation with the state long-
5 term care ombudsman, shall establish policies and procedures for: (i)
6 reporting to the department, by staff and volunteers of the long-term
7 care ombudsman program, on issues identified or witnessed by such staff
8 and volunteers that relate to actions, inactions or decisions that may
9 adversely affect the health, safety and welfare of residents at residen-
10 tial health care facilities licensed or certified by the department in
11 this state. Such policies and procedures shall include, but not be
12 limited to, establishing a telephone hotline number and reporting form
13 on the department's website for use by long-term care ombudsman program
14 staff and volunteers for the submission of reports;
15 (ii) timely and regular [communications by the department to the state
16 long-term care ombudsman regarding such issues reported by staff and
17 volunteers pursuant to subparagraph (i) of this paragraph and the resol-
18 ution of such issues] resolution to any such issues reported to the
19 department pursuant to subparagraph (i) of this paragraph. No later than
20 sixty days after the receipt of any such issue, the department shall
21 provide the staff or volunteer who reported such issue a report on the
22 status of such issue. Following the initial report, the department shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11325-03-3
A. 7218 2
1 provide additional reports to such staff or volunteer no less than every
2 sixty days thereafter until such issue is resolved. Upon resolution of
3 such issue, the department shall provide a timely report to such staff
4 or volunteer and the state long-term care ombudsman indicating the
5 manner in which the issue was resolved; and
6 (iii) requiring the department to notify the local ombudsman entity as
7 defined in paragraph (c) of subdivision one of section two hundred eigh-
8 teen of the elder law after the department conducts a recertification
9 survey of a facility.
10 (b) Nothing in this subdivision shall be construed to limit in any way
11 a resident's right to privacy and confidentiality pursuant to the regu-
12 lations of the long-term care ombudsman program or the right to refuse
13 to consent to the involvement of the long-term care ombudsman.
14 § 2. Subparagraph 7 of paragraph (d) of subdivision 3 of section 218
15 of the elder law, as amended by chapter 259 of the laws of 2018, is
16 amended to read as follows:
17 (7) develop a certification training program and continuing education
18 for ombudsmen which at a minimum shall specify the minimum hours of
19 training, the annual number of hours of in-service training, and the
20 content of the training, including, but not limited to, training relat-
21 ing to cultural competency and diversity, federal, state, and local
22 laws, regulations, and policies with respect to long-term care facili-
23 ties in the state, investigative and resolution techniques, and such
24 other training-related matters as the state ombudsman determines to be
25 appropriate;
26 § 3. Subdivision 15 of section 218 of the elder law, as added by
27 section 1 of part A of chapter 759 of the laws of 2021, is amended to
28 read as follows:
29 15. [Long-term care ombudsman] Outreach and awareness program. The
30 [office of the] state long-term care ombudsman shall facilitate and
31 coordinate the planning and implementation of an outreach and awareness
32 program to advertise and promote the long-term care ombudsman program
33 and to recruit additional ombudsmen. Such program shall utilize educa-
34 tional and informational materials [such as] including, but not limited
35 to, media advertising, billboards, social media and the official website
36 of the long-term care ombudsman program.
37 § 4. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law.
