Utah Admin. Code R510-200-3 - Program Administration
(1) The division
shall establish an ombudsman office pursuant to
42 U.S.C.
3058g. The office shall be responsible for
administration of the ombudsman program and shall be managed by the
ombudsman.
(2) The ombudsman shall
serve on full-time basis. The ombudsman may not be required to manage or
perform services or duties unrelated to the program, except on a time-limited
and intermittent basis.
(3) The
ombudsman shall meet the following minimum qualifications:
(a) demonstrates expertise in long-term
services and supports or other direct services for residents;
(b) demonstrates expertise in
consumer-oriented public policy advocacy;
(c) possesses leadership and program
management skills; and
(d)
possesses negotiation and problem resolution skills.
(4) The ombudsman shall ensure compliance
with the relevant state and federal requirements of the office and ombudsman
program.
(5) The ombudsman shall be
provided opportunities for training to maintain expertise to serve as an
effective advocate for residents.
(6) The office shall ensure that policies and
procedures exist to prohibit and investigate allegations of willful
interference, retaliation, and reprisals against any individual for the filing
of a complaint or cooperation with the office.
(7) The office shall enforce appropriate
sanctions for willful interference, retaliation, and reprisals.
(8) The office is responsible for the
following administrative requirements of the ombudsman program:
(a) providing certification and training to
local ombudsman entities, staff, and volunteers;
(b) providing information to the public
regarding the ombudsman program;
(c) obtaining funding and resources from
state and federal sources;
(d)
developing cooperative relationships with agencies involved in long-term
care;
(e) resolving conflicts
amongst agencies involved in long-term care;
(f) ensuring consistent reporting of
ombudsman program activities;
(g)
monitoring local ombudsman entities on at least an annual basis to assess the
performance of local ombudsman entities;
(h) providing technical assistance to local
ombudsman entities;
(i)
recommending rules or policies and procedures for the implementation of the
ombudsman program;
(j) overseeing
personnel decisions of local ombudsman entities, including having final
approval in the hiring of any local ombudsman entity's
representatives;
(k) having final
approval of any determination to de-certify a local ombudsman entity's
representative;
(l) identifying,
investigating, and resolving complaints made by or on behalf of residents and
decisions of providers, public agencies, or health and social services agencies
that may adversely affect the health, safety, welfare, and rights of
residents;
(m) informing residents
of their ability to obtain services offered by the ombudsman program;
(n) ensuring that residents have regular and
timely access to services offered by the ombudsman program;
(o) engaging in long-term care advocacy,
including prioritizing complaints of abuse, gross neglect, or exploitation and
coordinating with statewide or national long-term care advocacy organizations;
(p) reviewing, facilitating public
comment on, and recommending changes in federal, state, or local laws,
regulations, and policies that pertain to the health, safety, welfare, and
rights of residents; and
(q)
coordinating responsibilities between the office and local ombudsman entities
for the health, safety, well-being, and preservation of rights of
residents.
(8) The office
shall assess and monitor the use of fiscal resources appropriated or otherwise
available to the office.
(9) The
office shall approve allocation of funds to local ombudsman entities and shall
ensure that the budgets and expenditures of local ombudsman entities adhere to
state and federal requirements.
(10) The ombudsman shall prepare an annual
report that includes the following:
(a) a
description of the activities carried out by the office in the year for which
the report is prepared;
(b) an
analysis of the ombudsman program data;
(c) an evaluation of the problems experienced
by or complaints made by residents;
(d) a recommendation of policy, regulatory,
or legislative amendments for improving the quality of care and life or
residents;
(e) an analysis the
ombudsman program's ability to provide services to residents; and
(f) a description of barriers that prevent
the optimal operation of the ombudsman program.
(11) Each local ombudsman entity shall
provide its own annual report to the office to facilitate the creation of the
ombudsman's annual report described in Subsection
R510-200-3(10).
(12) The annual report described in
Subsection R510-200-3(10)
shall be provided to the following committees of the Utah State Legislature:
(a) House Health and Human Services
Committee;
(b) Senate Health and
Human Services Committee; and
(c)
Social Services Appropriations Committee.
(13) The office shall maintain data and
records regarding activities of the ombudsman program and complaints submitted
to the office.
(14) The office
shall maintain a central registry of each local ombudsman entity that contains
the following information:
(a) the names,
addresses, and telephone numbers of each local ombudsman entity's employee or
volunteer;
(b) a summary of each
local ombudsman entity's representatives' qualifications;
(c) the local area agency with which the
local ombudsman entity is associated;
(d) the most recent date of certification of
each local ombudsman entity's employee or volunteer;
(e) any conflict of interest; and
(f) any information pertaining to any
de-certification action.
Notes
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