Section 6660.1 of the regulations provides the definitions to bring New York State LTCOP into conformance with the definitions found in the federal regulations.

Section 6660.2. This section enumerates the responsibilities of the LTCOP and includes the responsibilities that are required by federal law and regulation. This section also lists the qualifications required of an individual who is being considered for the position of State Long-Term Care Ombudsman. This section also directs the LTCOP to develop a grievance procedure regarding determinations or actions of the state ombudsman, which are also dictated by federal law and regulation.

Section 6660.3 of the regulations lists requirements around identification, removal and remedy of both organizational and individual conflicts of interest. Specifically, it enumerates both organizational and individual conflicts of interest that are problematic to the LTCOP and the procedure for identifying, remedying or removing those conflicts. Additionally, this section puts forth the responsibilities of local ombudsman entities with regard to conflicts of interest. The requirements regarding organizational and individual conflicts of interest detailed in this section bring NYSOFA’s regulations into conformance with the federal regulations.

Section 6660.4 addresses the responsibilities of local long- term care ombudsmen. This section is added to conform with federal regulations.

The new Section 6660.5 sets forth the requirements for the designation of an ombudsman. This section also brings the LTCOP’s process of designating ombudsmen into compliance with federal regulations.

By adding section 6660.6 of the regulations, NYSOFA is bringing LTCOP’s criteria for designating and de-designation of local ombudsman entities into compliance with federal requirements.

Section 6660.7 lists the responsibilities of local ombudsman entity coordinators and conforms them with federal requirements.

NYSOFA is adding section 6660.8 which enumerates the program standards for local long-term care ombudsman programs for the purpose of bringing LTCOP’s program standards into compliance with federal law and regulations.

Section 6660.9 addresses ombudsmen access to residents and long-term care facilities. In addition, this section contains language that prohibits the interference with an ombudsman while the ombudsman is carrying out his or her duties.

Section 6660.10 specifically addresses ombudsmen access to resident and facility records. This section specifies the types of records to which the ombudsmen have access and under what circumstances ombudsmen may access those records. These requirements conform with the federal requirements that address access to resident and facility records.

NYSOFA added Section 6660.11 which dictates the circumstances under which ombudsmen may reveal a resident’s personal information to an individual not associated with the LTCOP. This section also discusses the manner in which a resident may provide informed consent to an ombudsman for the purpose of disclosing the resident’s personal information. Finally, this section addresses how ombudsmen can obtain permission to disclose a resident’s personal information when that resident is unable to give consent for such disclosure. These additions bring NYSOFA’s regulations into compliance with the federal regulations governing the program.

Section 6660.12 outlines the procedure that an ombudsmen must undertake when investigating a resident’s complaint. This section is in conformance with federal regulations and lists the procedures to be followed by ombudsmen when they are investigating complaints.

A copy of the full text of the regulatory proposal is available on the New York State Office for the Aging’s website at www.aging.ny.gov and https://ltcombudsman.ny.gov/.

Although changes were made to the proposed 9 NYCRR Part 6660, they do not necessitate changes to the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year after the year in which this rule is being adopted.

The proposed rule was published in the State Register on October 18, 2017, and the 45-day public comment period expired on December 4, 2017. The Office received comments from one (1) entity.

The commenter raised a concern that the language found in Section 6660.10(a)(3) is unnecessary and invasive.

Response: We disagree with the commenter as the language found in Section 6660.10(a)(3) essentially mirrors the language found in the federal regulation that governs the Long-Term Care Ombudsman Program. In addition, the Ombudsman Program may need access to this information to investigate a complaint or determine if there is a trend of inappropriate behavior across facilities or ownership groups. The Ombudsman Program will only access this information when it is needed for investigatory purposes.

The commenter views the language found in section 6660.10(a)(4) as an invasion of residents’ privacy.

Response: We disagree with the commenter as the federal regulations that govern the Long-Term Care Ombudsman Program contemplates the Ombudsmen having access to this information. In addition, one of the cornerstones of the Long-Term Care Ombudsman Program is resident privacy and confidentiality. As a result, this information will be used only for purposes within the scope of the Long-Term Care Ombudsman Program. At no time would a resident be required to speak to an Ombudsman if the resident did not desire to do so.