S T A T E   O F   N E W   Y O R K
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                                  7820

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section 1. Paragraph (b) of subdivision 1 of section 218 of the  elder
law is REPEALED and a new paragraph (b) is added to read as follows:
  (B)  "LONG  TERM  CARE  FACILITIES" SHALL MEAN RESIDENTIAL HEALTH CARE
FACILITIES AS DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  TWENTY-EIGHT
HUNDRED  ONE  OF THE PUBLIC HEALTH LAW, ADULT CARE FACILITIES AS DEFINED
IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE SOCIAL SERVICES LAW, AND
ASSISTED LIVING RESIDENCES, AS DEFINED IN  ARTICLE  FORTY-SIX-B  OF  THE
PUBLIC HEALTH LAW, OR ANY FACILITIES WHICH HOLD THEMSELVES OUT OR ADVER-
TISE  THEMSELVES  AS  PROVIDING  ASSISTED  LIVING SERVICES AND WHICH ARE
REQUIRED TO BE LICENSED OR CERTIFIED UNDER THE SOCIAL  SERVICES  LAW  OR
THE  PUBLIC  HEALTH LAW. WITHIN THE AMOUNTS APPROPRIATED THEREFOR, "LONG
TERM CARE FACILITIES" SHALL ALSO MEAN MANAGED LONG TERM CARE  PLANS  AND
APPROVED  MANAGED  LONG TERM CARE OR OPERATING DEMONSTRATIONS AS DEFINED
IN SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW  AND  THE
TERM  "RESIDENT",  "RESIDENTS",  "PATIENT"  AND  "PATIENTS"  SHALL  ALSO
INCLUDE ENROLLEES OF SUCH PLANS.
  S 2. Paragraph (b) of subdivision 1 of section 218 of the  elder  law,
as added by section one of this act, is amended to read as follows:
  (b)  "Long  term  care  facilities" shall mean residential health care
facilities as defined  in  subdivision  three  of  section  twenty-eight
hundred  one  of the public health law, adult care facilities as defined
in subdivision twenty-one of section two of the social services law, and
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

public health law, or any facilities which hold themselves out or adver-
tise  themselves  as  providing  assisted  living services and which are
required to be licensed or certified under the social  services  law  or
the  public health law. [Within the amounts appropriated therefor, "long
term care facilities" shall also mean managed long term care  plans  and
approved  managed  long term care or operating demonstrations as defined
in section forty-four hundred three-f of the public health law  and  the
term  "resident",  "residents",  "patient"  and  "patients"  shall  also
include enrollees of such plans.]
  S 3. Paragraph (g) of subdivision 3 of section 218 of the elder law is
REPEALED.
  S 4. Subdivision 3 of section 218 of  the  elder  law  is  amended  by
adding a new paragraph (g) to read as follows:
  (G)  WITHIN  THE  AMOUNTS  APPROPRIATED  THEREFOR, THE STATE OMBUDSMAN
PROGRAM SHALL INCLUDE SERVICES SPECIFICALLY DESIGNED  TO  SERVE  PERSONS
ENROLLED  IN  MANAGED LONG TERM CARE PLANS OR APPROVED MANAGED LONG TERM
CARE OR OPERATING DEMONSTRATIONS  AUTHORIZED  UNDER  SECTION  FORTY-FOUR
HUNDRED  THREE-F  OF  THE  PUBLIC  HEALTH LAW, AND SHALL ALSO REVIEW AND
RESPOND TO COMPLAINTS RELATING TO MARKETING PRACTICES BY SUCH PLANS  AND
DEMONSTRATIONS.
  S 5. This act shall take effect immediately; provided however that the
amendments to paragraph (b) of subdivision 1 of section 218 of the elder
law made by section two of this act shall take effect December 31, 2017;
provided, however, that the provisions of section four of this act shall
expire  on  the  same  date as section two of this act takes effect when
upon such date the provisions of section  four  of  this  act  shall  be
deemed repealed.