STATE OF NEW YORK
________________________________________________________________________
7820
2015-2016 Regular Sessions
IN ASSEMBLY
May 27, 2015
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Aging
AN ACT to amend the elder law, in relation to long term care ombudsman
access to assisted living facilities; to repeal certain provisions of
the elder law relating thereto; and providing for the repeal of
certain provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 218 of the elder
2 law is REPEALED and a new paragraph (b) is added to read as follows:
3 (b) "Long term care facilities" shall mean residential health care
4 facilities as defined in subdivision three of section twenty-eight
5 hundred one of the public health law, adult care facilities as defined
6 in subdivision twenty-one of section two of the social services law, and
7 assisted living residences, as defined in article forty-six-B of the
8 public health law, or any facilities which hold themselves out or adver-
9 tise themselves as providing assisted living services and which are
10 required to be licensed or certified under the social services law or
11 the public health law. Within the amounts appropriated therefor, "long
12 term care facilities" shall also mean managed long term care plans and
13 approved managed long term care or operating demonstrations as defined
14 in section forty-four hundred three-f of the public health law and the
15 term "resident", "residents", "patient" and "patients" shall also
16 include enrollees of such plans.
17 § 2. Paragraph (b) of subdivision 1 of section 218 of the elder law,
18 as added by section one of this act, is amended to read as follows:
19 (b) "Long term care facilities" shall mean residential health care
20 facilities as defined in subdivision three of section twenty-eight
21 hundred one of the public health law, adult care facilities as defined
22 in subdivision twenty-one of section two of the social services law, and
23 assisted living residences, as defined in article forty-six-B of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11278-05-5
A. 7820 2
1 public health law, or any facilities which hold themselves out or adver-
2 tise themselves as providing assisted living services and which are
3 required to be licensed or certified under the social services law or
4 the public health law. [Within the amounts appropriated therefor, "long
5 term care facilities" shall also mean managed long term care plans and
6 approved managed long term care or operating demonstrations as defined
7 in section forty-four hundred three-f of the public health law and the
8 term "resident", "residents", "patient" and "patients" shall also
9 include enrollees of such plans.]
10 § 3. Paragraph (g) of subdivision 3 of section 218 of the elder law is
11 REPEALED.
12 § 4. Subdivision 3 of section 218 of the elder law is amended by
13 adding a new paragraph (g) to read as follows:
14 (g) Within the amounts appropriated therefor, the state ombudsman
15 program shall include services specifically designed to serve persons
16 enrolled in managed long term care plans or approved managed long term
17 care or operating demonstrations authorized under section forty-four
18 hundred three-f of the public health law, and shall also review and
19 respond to complaints relating to marketing practices by such plans and
20 demonstrations.
21 § 5. This act shall take effect immediately; provided however that the
22 amendments to paragraph (b) of subdivision 1 of section 218 of the elder
23 law made by section two of this act shall take effect December 31, 2017;
24 provided, however, that the provisions of section four of this act shall
25 expire on the same date as section two of this act takes effect when
26 upon such date the provisions of section four of this act shall be
27 deemed repealed.
