§ 218. Long-term care ombudsman. 1. Definitions. For the purposes of\nthis section, the following terms shall have the following meanings:\n (a) "Administrative action" shall mean any action or decision by an\nowner, employee, or agent of a long-term care facility, or by a\ngovernment agency, which affects the provision of service to residents\nof or applicants for admission to long-term care facilities.\n (b) "Immediate family" pertaining to conflicts of interest, shall mean\na member of the household or a relative with whom there is a close\npersonal or significant financial relationship.\n (c) "Local ombudsman entity" shall mean any entity designated to\noperate a local long-term care ombudsman program.\n * (d) "Long-term care facilities" shall mean residential health care\nfacilities as defined in subdivision three of section twenty-eight\nhundred one of the public health law; adult care facilities as defined\nin subdivision twenty-one of section two of the social services law,\nincluding those adult homes and enriched housing programs licensed as\nassisted living residences, pursuant to article forty-six-B of the\npublic health law; or any facilities which hold themselves out or\nadvertise themselves as providing assisted living services and which are\nrequired to be licensed or certified under the social services law or\nthe public health law. Within the amounts appropriated therefor,\n"long-term care facilities" shall also mean managed long-term care plans\nand approved managed long-term care or operating demonstrations as\ndefined in section forty-four hundred three-f of the public health law\nand the term "resident", "residents", "patient" and "patients" shall\nalso include enrollees of such plans.\n * NB Effective until December 31, 2027\n * (d) "Long-term care facilities" shall mean residential health care\nfacilities as defined in subdivision three of section twenty-eight\nhundred one of the public health law, adult care facilities as defined\nin subdivision twenty-one of section two of the social services law, and\nassisted living residences, as defined in article forty-six-B of the\npublic health law, or any facilities which hold themselves out or\nadvertise themselves as providing assisted living services and which are\nrequired to be licensed or certified under the social services law or\nthe public health law.\n * NB Effective December 31, 2027\n (e) "Long-term care ombudsman" or "ombudsman" shall mean a person who:\n (1) is an employee or volunteer of the state office for the aging or\nof a designated local ombudsman entity and represents the state\nlong-term care ombudsman program;\n (2) has been verified as having successfully completing a\ncertification training program developed by the state ombudsman; and\n (3) has a current designation as a long-term care ombudsman by the\nstate long-term care ombudsman.\n (f) "Resident representative" shall mean either of the following:\n (1) an individual chosen by the resident to act on behalf of the\nresident in order to support the resident in decision-making; access\nmedical, social, or other personal information of the resident; manage\nfinancial matters; or receive notifications;\n (2) a person authorized by state or federal law (including but not\nlimited to agents under power of attorney, representative payees, and\nother fiduciaries) to act on behalf of the resident in order to support\nthe resident in decision-making; access medical, social, or other\npersonal information of the resident; manage financial matters; or\nreceive notifications;\n (3) a legal representative, as used in section 712 of the older\nAmericans act of 1965, as amended; or\n (4) the court-appointed guardian or conservator of the resident.\n (5) Nothing in this section is intended to expand the scope of\nauthority of any resident representative beyond that authority\nspecifically authorized by the resident, state or federal law, or a\ncourt of competent jurisdiction.\n (
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