Ohio Admin. Code 173-14-22 - Initial designation of regional long-term care ombudsman programs: standards
(A)
No sponsoring agency may serve as a regional long-term
care ombudsman program unless the SLTCO designates the agency to be a regional
long-term care ombudsman program.
(B)
Except as
otherwise provided in paragraph (A) of this rule, no sponsoring agency may
qualify as a fully-designated regional program unless it complies with all the
following structural standards:
(1)
Be a tax-exempt organization.
(2)
Have a governing
board with responsibility to ensure compliance with all program and contract
requirements; all relevant federal and state statutes, regulations, and
policies; and ensure program integrity and stability.
(3)
Comply with the
prohibitions against unremedied organizational conflicts of interest under
45 C.F.R.
1324.21.
(4)
Have no member of
its administrative staff with responsibilities related to the ombudsman
program, and an unremedied conflict of interest.
(5)
Retain the type
of qualified staff required under rule
173-14-14 of the Administrative
Code.
(6)
Maintain an incoming toll-free telephone line dedicated
to the regional ombudsman program that is answered during normal business hours
by a representative of the office.
(7)
Have the capacity
to develop policies and procedures that conform to all federal and state
statutes, regulations, and policies, including on the following topics, and
provide these policies and procedures to the SLTCO within six months after
designation for the SLTCO's review for approval and on request, and make these
policies and procedures available to all representatives in the regional
program:
(a)
Complaint prioritization.
(b)
Case
assignment.
(c)
Recruiting, screening, training, and supervising
representatives.
(d)
Participation in the regulatory agencies' survey and
certification processes, including performance within the federal regulations;
balancing program priorities; and specifying when to attend an exit conference;
a statement of the information the ombudsman gives to the survey team;
specifying that representatives with a noted conflict of interest are
ineligible to participate in the certification process of that
provider.
(e)
Personnel policies for representatives of the
office.
(8)
Maintain nonprofit directors and officers liability
insurance.
Replaces: 173-14-22
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.16; 42 U.S.C. 3025, 3058g; 45 C.F.R. 1321.11, 1324.11, 1324.13, 1324.15
Rule Amplifies: 173.16; 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
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