Ohio Admin. Code 173-14-12 - Separation of representatives from the office
The separation of a resignation
(A)
Decertification or removal of a candidate for
certification:
(1) No representative of
the office shall
may be decertified or removed as a candidate for
certification without cause. Cause shall
include
includes , but
shall
is not
be limited to, the following:
(b)(a) Failure to provide
services according to sections
173.14 to
173.27 of the Revised Code, this
chapter, the service contract, and
or the approved ombudsman plan.
(c)(b)
Performing a function not recognized or sanctioned by the office .
(d)(c)
Failure to meet the required qualifications
to be a representative
.
(e)(d)
Failure to meet continuing education requirements.
(f)(e) Intentional failure
to reveal a conflict of interest.
(g)(f) The
misrepresentation of the representative 's category of certification or the
duties the representative is certified to perform.
(h)(g) Failure to perform
official duties in good faith.
(i)(h) Conduct unbecoming
a representative of the office .
(j)(i) Violations of Ohio
ethics laws.
(a) Failure to follow policies and
procedures that conform to sections 173.14 to 173.27 of the Revised Code and
this chapter.
(2) The
SLTCO and sponsoring agencies may attempt to assure
satisfactory
improve a representative 's
job performance through professional development, supervision, or other
remedial actions before recommending decertification.
(3) Regional program directors, sponsoring
agencies, and SLTCO staff recommending decertification or removal shall state
their reasons in writing,
to the SLTCO
and shall provide the SLTCO
with any relevant documentation to support the recommendation, to the SLTCO
.
(4) The SLTCO shall review the recommendation
and make a determination
determine whether to accept or deny the
recommendation in the form of a written notice to the sponsoring agency ,
regional program director, and the representative . A paid representative may
appeal the notice according to rule
173-14-27 of the Administrative
Code.
(5) When the SLTCO initiates
a decertification action against a representative of the office , the SLTCO
shall notify the sponsoring agency , the regional program , and the
representative . A paid representative may appeal the notice according to rule
173-14-27 of the Administrative
Code.
(B)
Responsibilities after separation:
(1)
Any person who
separates from the office shall cease to be a representative of the office . The
identification card of a person separated from the office must be surrendered
to the SLTCO . The SLTCO or regional program director shall notify
the
any
person who separates from the office
in writing
that
of the
responsibility to surrender the identification card
must be surrendered within seven days after
receiving the notice because any person who separates
from the office ceases to be a representative of the office
.
(2) Regional programs shall notify the SLTCO
of the separation of any representative from the office and the reason for the
separation no later than thirty days after the separation of a volunteer and
immediately after the separation of a paid representative .
(3) As appropriate, regional programs shall
notify affected long-term care providers of the representative 's separation
from the office .
(C)
Reinstatement:
(1)
A certified
representative of the office who voluntarily separates from the office may,
within one year after separation, apply for reinstatement of certification when
the representative becomes reemployed by or accepted as a volunteer of the
office . Any person seeking recertification within one year after voluntarily separating from the
office
shall
may apply for
reinstatement in writing, email, or through the ombudsman registry
to the SLTCO
. The application shall provide
the date of separation and a summary of any professional development in or
experience with ombudsman skills, long-term care services , problem resolution
skills, or related skills the applicant may
have received since voluntarily separating from the office .
(2) The SLTCO shall review the application
and may require the applicant to receive additional professional development,
and/or take an appropriate examination
exam based upon the length of time the applicant
has been away from the field, and the experience or professional development
the applicant has accumulated in the interim. The SLTCO shall
make the decision
decide no later than five business days after receipt
of the request.
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.16, 173.21; 42 U.S.C. 3025, 3058g; 45 C.F.R. 1321.11, 1324.11, 1324.13, 1324.15
Rule Amplifies: 173.16, 173.21; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11
Prior Effective Dates: 07/11/1991, 12/27/2001, 12/28/2006, 05/01/2018, 01/28/2022
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The separation of a representative from the office may occur through termination by the regional program or sponsoring agency with which the ombudsman is employed, decertification, voluntary resignation, or removal of the candidate for certification.
(A)
(1) No representative of the office shall be decertified or removed as a candidate for certification without cause. Cause shall include, but shall not be limited to, the following:
(a) Failure to follow policies and procedures that conform to sections 173.14 to 173.27 of the Revised Code and this chapter.
(b) Failure to provide services according to sections 173.14 to 173.27 of the Revised Code, this chapter, the service contract, and the approved ombudsman plan.
(c) Performing a function not recognized or sanctioned by the office.
(d) Failure to meet the required qualifications.
(e) Failure to meet continuing education requirements.
(f) Intentional failure to reveal a conflict of interest.
(g) The misrepresentation of the representative's category of certification or the duties the representative is certified to perform.
(h) Failure to perform official duties in good faith.
(i) Conduct unbecoming a representative of the office.
(j) Violations of Ohio ethics laws.
(2) The SLTCO and sponsoring agencies may attempt to assure satisfactory job performance through professional development, supervision, or other remedial actions before recommending decertification.
(3) Regional program directors, sponsoring agencies, and SLTCO staff recommending decertification or removal shall state their reasons in writing, and shall provide any relevant documentation to support the recommendation, to the SLTCO.
(4) The SLTCO shall review the recommendation and make a determination to accept or deny the recommendation in the form of a written notice to the sponsoring agency, regional program director, and the representative. A paid representative may appeal the the notice according to rule 173-14-27 of the Administrative Code.
(5) When the SLTCO initiates a decertification action against a representative of the office, the SLTCO shall provide written notification to notify the sponsoring agency, the regional program, and the representative. A paid representative may appeal the notice according to rule 173-14-27 of the Administrative Code.
(B)
(1) Any person who separates from the office shall cease to be a representative of the office. The identification card of a person separated from the office must be surrendered to the SLTCO. The SLTCO or regional program director shall notify the person in writing that the identification card must be surrendered within seven days after receiving the notice.
(2) Regional programs shall notify the SLTCO of the separation of any representative from the office and the reason for the separation no later than thirty days after the separation of a volunteer and immediately after the separation of a paid representative.
(3) As appropriate, regional programs shall notify affected long-term care providers of the representative's separation from the office.
(C)
(1) A certified representative of the office who voluntarily separates from the office may, within one year after separation, apply for reinstatement of certification when the representative becomes reemployed by or accepted as a volunteer of the office. Any person seeking recertification shall apply in writing, email, or through the ombudsman registry to the SLTCO. The application shall provide the date of separation and a summary of any professional development in or experience with ombudsman skills, long-term care services, problem resolution skills, or related skills the applicant may have received since voluntarily separating from the office.
(2) The SLTCO shall review the application and may require the applicant to receive additional professional development, and/or take an appropriate examination based upon the length of time the applicant has been away from the field, and the experience or professional development the applicant has accumulated in the interim. The SLTCO shall make the decision no later than five business days after receipt of the request.
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.16, 173.21; 42 U.S.C. 3025, 3058g; 45 C.F.R. 1321.11, 1324.11, 1324.13, 1324.15
Rule Amplifies: 173.16, 173.21; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11
Prior Effective Dates: 07/11/1991, 12/27/2001, 12/28/2006, 05/01/2018