Our office previously released a Legal Briefing on January 24, 2024 that focused on a new law that implemented revisions to the New York Long-Term Care Ombudsman Program. The law addresses the resolution of complaints raised by nursing home residents and their families that have been reported by Ombudsman staff or volunteers to the Department of Health (“DOH”) for investigation and follow up. Here is a link to the January 24, 2024 Legal Briefing:
As noted in the previous Legal Briefing, accompanying the new law was an approval memorandum from the Governor where she noted that the bill as drafted would have given sensitive and confidential health information about nursing home complaints to individuals from the Long-Term Care Ombudsman Program who may not have retained their status as a Long-Term Care Ombudsman Program volunteer. Other technical changes were necessary as well.
On February 7, 2024, Governor Hochul did sign a new bill into law containing those changes. Attached to this Briefing is the main page from the new law detailing the specific language changes that have now been adopted. To summarize, the new revisions accomplish the following:
(a) While the original law required DOH to furnish a status report to the Ombudsman staff or volunteer who reported the issues to DOH, the new revisions remove such language and only require that a report be provided to the State Long-Term Care Ombudsman.
(b) While the original law required DOH to provide additional reports after the initial report no less than every 60 days thereafter until the issues are resolved, the new revisions change that time frame to 90 days.
(c) Lastly, the new revisions add new definitions for the terms “resolution” and “status” for purposes of the required reporting.
These changes in the law take effect on the same date as the original law (June 19, 2024).
Our firm has extensive experience counseling health care providers on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.
This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2024 Law Offices of Pullano & Farrow PLLC