A 749: Provides for coordination between the department of health and the state long-term care ombudsperson regarding residential health care facilities, including such facilities' compliance with state and federal law, and histories of complaints.

  
  STATE OF NEW YORK ________________________________________________________________________ 749 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. CLARK -- read once and referred to the Committee on Health AN ACT to amend the public health law and the elder law, in relation to coordination between the department of health and the state long-term care ombudsperson regarding residential health care facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 14 of section 2803 of the public health law, as 2 amended by chapter 770 of the laws of 2023, subparagraph (ii) of para- 3 graph (a) as amended and paragraph (c) as added by chapter 49 of the 4 laws of 2024, is amended to read as follows: 5 14. (a) The commissioner, in consultation with the state long-term 6 care [ombudsman] ombudsperson, shall establish policies and procedures 7 [for]: (i) for reporting to the department, by staff and volunteers of 8 the long-term care [ombudsman] ombudsperson program, on issues identi- 9 fied or witnessed by such staff and volunteers that relate to actions, 10 inactions or decisions that may adversely affect the health, safety and 11 welfare of residents at residential health care facilities licensed or 12 certified by the department in this state. Such policies and procedures 13 shall include, but not be limited to, establishing a telephone hotline 14 number and reporting form on the department's website for use by long- 15 term care [ombudsman] ombudsperson program staff and volunteers for the 16 submission of reports; 17 (ii) for timely and regular resolution to any such issues reported to 18 the department pursuant to subparagraph (i) of this paragraph. No later 19 than sixty days after the receipt of any such issue, the department 20 shall provide the state long-term care [ombudsman] ombudsperson a report 21 on the status of such issue. Following the initial report, the depart- 22 ment shall provide additional reports to the state long-term care 23 [ombudsman] ombudsperson no less than every ninety days thereafter until EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02579-01-5 
 A. 749 2 1 such issue is resolved. Upon resolution of such issue, the department 2 shall provide a timely report to the state long-term care [ombudsman] 3 ombudsperson indicating the manner in which the issue was resolved; 4 [and] 5 (iii) requiring the department to notify the local [ombudsman] ombud- 6 sperson entity as defined in paragraph (c) of subdivision one of section 7 two hundred eighteen of the elder law after the department conducts a 8 recertification survey of a facility; and 9 (iv) requiring the department, prior to licensing, certifying, or 10 recertifying, or prior to granting a certificate of need to, a residen- 11 tial health care facility, to consult with the state long-term care 12 ombudsperson to inquire about compliance with relevant federal and state 13 law by such facility or such facility's operators, and about the history 14 and nature of any complaints regarding such facility or such facility's 15 operators. 16 (b) Nothing in this subdivision shall be construed to limit in any way 17 a resident's right to privacy and confidentiality pursuant to the regu- 18 lations of the long-term care [ombudsman] ombudsperson program or the 19 right to refuse to consent to the involvement of the long-term care 20 [ombudsman] ombudsperson. 21 (c) As used in this subdivision: (i) "resolution" shall mean closure 22 of a complaint by the department, whether closed as substantiated or 23 unsubstantiated; and (ii) "status" shall mean whether the complaint has 24 been assigned to department staff for investigation, whether the 25 complaint remains open under active investigation, or whether the 26 complaint has reached resolution. 27 § 2. Subparagraphs 15 and 16 of paragraph (d) of subdivision 3 of 28 section 218 of the elder law, as amended by chapter 259 of the laws of 29 2018, are amended and a new subparagraph 17 is added to read as follows: 30 (15) carry out such other activities as the director of the state 31 office for the aging determines to be appropriate pursuant to the feder- 32 al older Americans act of 1965 and other applicable federal and state 33 laws and related regulations as may, from time to time, be amended; 34 [and] 35 (16) in accordance with the regulations promulgated under this section 36 provide the director of the state office for the aging with notice prior 37 to performing the activities identified in [paragraphs] subparagraphs 38 four, six and nine of this [subdivision] paragraph. Such notice shall 39 not give the director of the state office for the aging or any other 40 state official the right to pre-approve the position or communications 41 of the state [ombudsman .] ombudsperson; and 42 (17) upon request from the department of health, prepare and deliver a 43 report to the department of health documenting the history of complaints 44 tracked by the state ombudsperson regarding a residential health care 45 facility or such facility's operator, along with any relevant statements 46 from any ombudsperson describing the state of such facility. 47 § 3. This act shall take effect immediately.