New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle Y - New York State Office for the Aging
Chapter IV - Long-term Care Ombudsman Program
Part 6660 - Long-term Care Ombudsman
Section 6660.2 - Office of the State Long-Term Care Ombudsman Established

(i) has a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service;

(ii) has an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service. Divestment within a reasonable period of time may be considered an adequate remedy to this conflict;

(iii) has been employed by, or participated in the management of, a long-term care facility within the previous twelve months; and

(iv) receives or has the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility.

(i) identify, investigate, and resolve complaints that are made by, or on behalf of, long -term care residents in this state and that relate to actions, inactions, or decisions that may adversely affect the health, safety, and welfare or rights of such residents; the state ombudsman may refer to the appropriate investigatory agency information obtained during the investigation of a complaint which suggests the possible occurrence of physical abuse, mistreatment or neglect or Medicaid fraud, in accordance with the older americans act of 1965, as amended and the regulations promulgated there under as well as rules and regulations promulgated by the state office for the aging. Nothing in this section shall be construed as authorizing the state ombudsman to assume powers delegated to the commissioner of health or the department of health pursuant to article twenty-eight of the public health law or to the commissioner of the office of children and family services or the office of children and family services pursuant to the social services law; nor does it authorize the state ombudsman to investigate final administrative determinations made pursuant to law by such commissioners if such decisions become the subject of complaints to the state ombudsman;

(ii) provide services to assist residents in protecting their health, safety, welfare and rights, including but not limited to representing the interests of residents before governmental agencies and seeking appropriate administrative, legal and other remedies to protect their welfare, safety, health and rights;

(iii) inform the residents about means of obtaining services provided by the long-term care ombudsman program and other public agencies;

(iv) analyze, comment on, and monitor the development and implementation of federal, state and local laws, regulations, policies, and actions that pertain to the health, safety, welfare, and rights of the residents of long-term care facilities and services in the state;

(v) ensure that residents have regular and timely access to the services provided through the long-term care ombudsman program and that residents and complainants receive timely responses to requests for information and complaints;

(vi) recommend changes in federal, state and local laws, regulations, policies, and actions pertaining to the health, safety, welfare, and rights of residents;

(vii) develop a certification training program and continuing education program for ombudsmen which, at a minimum, shall specify the minimum hours of training, annual number of hours of in-service training, and the content of the training, including, but not limited to, training relating to federal, state and local laws, regulations and policies with respect to long-term care facilities in the state; investigative and resolution techniques; and such other training-related matters as the state ombudsman determines to be appropriate;

(viii) provide administrative and technical assistance to ombudsmen and local ombudsman entities;

(ix) make determinations and establish positions of the office of the state long -term care ombudsman, without necessarily representing the determinations or positions of the state office for the aging;

(x) recommend to the director of the state office for the aging policies and procedures for the state long-term care ombudsman program;

(xi) coordinate with and promote the development of citizen organizations consistent with the interests of residents;

(xii) promote, provide technical support for the development of, and provide ongoing support as requested by resident and family councils to protect the well-being and rights of residents;

(xiii) provide leadership to statewide systems advocacy efforts of the office of the state long-term care ombudsman on behalf of long-term care facility residents, including coordination of systems advocacy efforts carried out by representatives of the office of the state long-term care ombudsman;

(xiv) in accordance with applicable state contracting procedures, coordinate with the state office for the aging in the review and approval of plans or contracts governing local ombudsman entity operations;

(xv) carry out such other activities as the director of the state office for the aging determines to be appropriate pursuant to the federal older americans act 19651 and other applicable federal and state laws and related regulations as may, from time to time, be amended; and

(xvi) provide the director of the state office for the aging with notice consisting of two business days prior to performing the activities identified in paragraphs (iv), (vi), and (ix) of this subsection. Such notice shall not give the director of the state office for the aging or any other state official the right to pre-approve positions or communications of the state ombudsman.