Responsibilities of Agency in the Administration of the Ombudsman Program

EOHHS, as the state agency responsible for establishing and assessing the independent Ombudsman Program, will: (1) ensure the State Ombudsman complies with all relevant provisions of 42 U.S.C. 3001 et seq, and associated regulations, including 42 U.S.C. 3058g, 45 CFR §§ 1321 and 1324, and M.G.L. c. 6, § 16CC; (2) ensure the Ombudsman Program has sufficient authority and access to facilities, residents, and information needed to fully perform all the functions, responsibilities, and duties of the Ombudsman Program; (3) provide training opportunities, or ensure such opportunities are available, for the State Ombudsman and ombudsman representatives, to maintain expertise to serve as effective advocates for residents; (4) provide personnel supervision and management for the State Ombudsman and ombudsman representatives who are employees of EOHHS. Such management will include an assessment of whether the Ombudsman Program is performing all of its functions under 42 U.S.C. 3001 et seq, and associated regulations, as well as M.G.L. c. 6, § 16CC; (5) monitor the Ombudsman Program for quality and effectiveness, as required by 45 CFR § 1321.11(b). Such monitoring will include fiscal monitoring and an assessment of whether the Ombudsman Program is performing all functions, responsibilities, and duties set forth in 45 CFR §§ 1324.13 and 1324.19. EOHHS may make reasonable requests for reports, including aggregated data regarding Ombudsman Program activities, to meet the requirements of this provision; (6) ensure the files, records, or other information maintained by the Ombudsman Program are protected from disclosure consistent with the limitations set forth in 101 CMR 30.15, 45 CFR §§ 1324.11(e)(3), and 1324.13(e); (7) integrate the goals and objectives of the Ombudsman Program into the state plan and coordinate the goals and objectives of the Ombudsman Program with those of other programs established under Title VII of the Older Americans Act and other state elder rights, disability rights, and elder justice programs, to promote collaborative efforts and diminish duplicative efforts; (8) provide elder rights leadership, including by requiring the coordination of Ombudsman Program services with the activities of other elder rights programs with responsibilities relevant to the health, safety, wellbeing, or rights of older adults, including residents, as set forth in 45 CFR § 1324.13(h); (9) provide mechanisms to prohibit and investigate allegations of willful interference, retaliation, and reprisals (a) by a facility, other entity, or individual with respect to a resident, complainant, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of the Ombudsman Program; or (b) by a facility, other entity, or individual against the State Ombudsman or ombudsman representatives while fulfilling their functions, responsibilities, or duties; (10) provide for appropriate sanctions with respect to interference, retaliation, and reprisals; (11) ensure legal counsel for the Ombudsman Program is adequate, available, has competencies relevant to the legal needs of the Ombudsman Program and residents, and is without conflict of interest; and (12) require the State Ombudsman to maintain complete records of complaints, actions, findings, and recommendations.