On April 3, 2024, the New York State Department of Health (“DOH”) adopted new regulations relating to the State’s Long Term Care Ombudsman Program. The new regulations, which were more fully detailed in the November 15, 2023 version of the New York State Register, include some clarifying/grammatical changes and references to other applicable law (such as Section 218 of the New York Elder Law). The changes remove references, for example, to “records access” ombudsmen as this terminology and distinction has been removed from the law.
Additionally, in the context of New York skilled nursing facilities and adult care facilities, the regulations specify that access by an ombudsman must be provided when:
(a) The resident or resident representative has provided informed consent in writing or through the use of auxiliary aids or services;
(b) The resident or resident representative communicates informed consent orally, visually, or through the use of auxiliary aids and services, and the consent is documented contemporaneously by an ombudsman; or
(c) Access is needed in order to investigate a complaint, the resident representative refuses to consent to access, an ombudsman has reasonable cause to believe that the resident representative is not acting in the best interests of the resident, and the ombudsman obtains the approval of the state long-term care ombudsman.
Additionally, please refer to this previous Legal Briefing from February 21, 2024 for further changes to the ombudsman program in New York:
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
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