BILL NUMBER: S5746
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the elder law, in relation to creating the district
long-term care ombudsperson council program
 
PURPOSE OR GENERAL IDEA OF BILL:
Creates the district long-term care ombudsman council program
 
SUMMARY OF PROVISIONS:
Section 1 of section 218 of the elder law is amended a new paragraph is
added
§ 2. The opening paragraph and subparagraph 7 of paragraph (d) of subdi-
vision 3 of section 218 of the elder law, as amended by chapter 259 of
the laws of 218, are amended.
§ 3. Subdivision 4 of section 218 of the elder law, as amended by chap-
ter 259 of the laws of 2018, is amended.
4. Subdivision 14 of section 218 of the elder law, as amended by chapter
259 of the laws of 2018 is amended.
 
JUSTIFICATION:
Under the federal Older Americans Act (OW every state is required to
have an Ombudsman Program that addresses complaints and advocates for
improvements in the long-term care system. Each state has an Office of
the State Long-Term Care Ombudsman (Office), headed by a full-time State
Long-Term Care Ombudsman (Ombudsman) who directs the program statewide.
Across the nation, staff and thousands of volunteers are designated by
State Ombudsmen as representatives to directly serve residents.
In New York State, Ombudsmen attend a minimum of 36 hours of training
before becoming certified. This training covers the history of the
Ombudsman program, the aging process including common illnesses and
conditions, the long term care setting, residents' rights, communi-
cation, and the complaint process.
This legislation looks to create three paid staff members (LTCOP
District Coordinators) to coordinate the work of the volunteers.
They would be required the agency CIDNY to provide mandatory new LTCOP
District Advocate and LTCOP District Coordinator training for new
recruits annually that is available online as well in in-person. The
training should provide an overview of the program and cover Federal,
State, and local laws, regulations, and policies, with respect to long-
term care facilities; investigative techniques. LTCOP District Advocate
will be required to complete the required training and be approved by
the agency and council before being qualified to carry out the activity
on behalf of the program. In addition, the agency should provide at
least two professional development training for each LTCOP District
Council (all members TBD).
There will be a stipend for the Chair, Co-Chair, and Secretary and the
funds would be used for council administrative cost.
 
PRIOR LEGISLATIVE HISTORY:
2021: New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown at this time.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

Statutes affected:
S5746: 218 elder law, 218(1) elder law, 218(4) elder law, 218(14) elder law