460 IAC 17-7-8 Local ombudsman; designation; exemption; certification; dedesignation; notice

Sec. 8. (a) The state ombudsman may designate a local ombudsman as representative of the office to carry out the duties specified in section 9 of this rule. If the local ombudsman is housed in a local ombudsman entity, the state ombudsman shall consult with the local ombudsman entity in the designation process. (b) In order to be designated as a local ombudsman, an individual shall meet the following criteria: (1) Have a bachelor's degree in counseling, gerontology, nursing, psychology, sociology, social work, physical, occupational, or recreational therapy, special education, rehabilitation counseling, or other human services field or have at least four (4) years work experience in the field of long term care. Accredited college training in the areas listed above may substitute for the required work experience on a year-for-year basis. (2) Successfully complete the Indiana long term care ombudsman program training and certification program. (3) Be free of conflicts of interest as required by this rule. (c) An individual serving as local ombudsman before the effective date of this rule shall be exempt from the requirements in this section except those referring to conflicts of interest. (d) Each local ombudsmen [sic., ombudsman] designated in accordance with subsection (a) shall be certified by the state ombudsman to perform the duties in section 9 of this rule for a period not to exceed two (2) years. (e) In order to be recertified, a local ombudsman shall: (1) satisfactorily perform the duties specified in section 9 of this rule; (2) remain free of conflicts of interest as required by this rule; and (3) satisfactorily meet any additional requirements specified by law or regulation. (f) The state ombudsman may, at any time, dedesignate a local ombudsman for cause. If the local ombudsman is housed in a local ombudsman entity, the state ombudsman shall consult with the local ombudsman entity in the dedesignation process. Cause for dedesignation includes, but is not limited to, the following: (1) Failure of the local ombudsman to follow state and federal laws, regulations, and this rule. (2) Failure to satisfactorily perform the duties specified in section 9 of this rule. (3) Failure to follow the direction and supervision of the state ombudsman or appropriate state level office staff. (4) Taking any action which endangers the health, safety, welfare, or rights of residents or clients. (5) Failure to disclose or correct a conflict of interest. (g) The state ombudsman shall give written notice of the dedesignation to the local ombudsman. The notice shall include: (1) reasons for the dedesignation; (2) effective date of the dedesignation; and (3) appeal rights. (h) The state ombudsman must inform the local ombudsman entity of the decision not to recertify or to dedesignate a local ombudsman prior to issuing the written notice to the local ombudsman.