New York A 749: Raises the maximum fine for persons who violate the law regulating telemarketing to twenty-two thousand dollars

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A00749 Summary:

BILL NOA00749 

&nbsp

SAME ASSAME AS S06457

&nbsp

SPONSORClark

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §2803, Pub Health L; amd §218, Eld L

&nbsp

Provides for coordination between the department of health and the state long-term care ombudsperson regarding residential health care facilities, including such facilities' compliance with state and federal law, and histories of complaints.

Go to top A00749 Actions:

BILL NOA00749 

&nbsp

01/08/2025referred to health

01/07/2026referred to health

Go to topA00749 Committee&nbspVotes:

Go to topA00749 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00749 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 749

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. CLARK -- read once and referred to the Committee
 on Health

 AN ACT to amend the public health law and the elder law, in relation to
 coordination between the department of health and the state long-term
 care ombudsperson regarding residential health care facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 14 of section 2803 of the public health law, as
 2 amended by chapter 770 of the laws of 2023, subparagraph (ii) of para-
 3 graph (a) as amended and paragraph (c) as added by chapter 49 of the
 4 laws of 2024, is amended to read as follows:
 5 14. (a) The commissioner, in consultation with the state long-term
 6 care [ombudsman] ombudsperson, shall establish policies and procedures
 7 [for]: (i) for reporting to the department, by staff and volunteers of
 8 the long-term care [ombudsman] ombudsperson program, on issues identi-
 9 fied or witnessed by such staff and volunteers that relate to actions,
 10 inactions or decisions that may adversely affect the health, safety and
 11 welfare of residents at residential health care facilities licensed or
 12 certified by the department in this state. Such policies and procedures
 13 shall include, but not be limited to, establishing a telephone hotline
 14 number and reporting form on the department's website for use by long-
 15 term care [ombudsman] ombudsperson program staff and volunteers for the
 16 submission of reports;
 17 (ii) for timely and regular resolution to any such issues reported to
 18 the department pursuant to subparagraph (i) of this paragraph. No later
 19 than sixty days after the receipt of any such issue, the department
 20 shall provide the state long-term care [ombudsman] ombudsperson a report
 21 on the status of such issue. Following the initial report, the depart-
 22 ment shall provide additional reports to the state long-term care
 23 [ombudsman] ombudsperson no less than every ninety days thereafter until

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02579-01-5

 A. 749 2

 1 such issue is resolved. Upon resolution of such issue, the department
 2 shall provide a timely report to the state long-term care [ombudsman]
 3 ombudsperson indicating the manner in which the issue was resolved;
 4 [and]
 5 (iii) requiring the department to notify the local [ombudsman] ombud-
 6 sperson entity as defined in paragraph (c) of subdivision one of section
 7 two hundred eighteen of the elder law after the department conducts a
 8 recertification survey of a facility; and
 9 (iv) requiring the department, prior to licensing, certifying, or
 10 recertifying, or prior to granting a certificate of need to, a residen-
 11 tial health care facility, to consult with the state long-term care
 12 ombudsperson to inquire about compliance with relevant federal and state
 13 law by such facility or such facility's operators, and about the history
 14 and nature of any complaints regarding such facility or such facility's
 15 operators.
 16 (b) Nothing in this subdivision shall be construed to limit in any way
 17 a resident's right to privacy and confidentiality pursuant to the regu-
 18 lations of the long-term care [ombudsman] ombudsperson program or the
 19 right to refuse to consent to the involvement of the long-term care
 20 [ombudsman] ombudsperson.
 21 (c) As used in