Functions and Responsibilities of the State Long-term Care Ombudsman

(1) The State Ombudsman is responsible for leading and managing the Statewide Long-term Care Ombudsman Program as follows. (a) Functions. The State Ombudsman will, directly or through ombudsman representatives: 1. identify, investigate, and resolve complaints that a. are made by, or on behalf of, residents; and b. relate to action, inaction, or decisions by facilities or their staff, public agencies, or health and social service agencies that may adversely affect the health, safety, welfare, or rights of residents; 2. provide services to protect the health, safety, welfare, and rights of residents; 3. inform residents how to obtain services provided by the Ombudsman Program; 4. ensure residents have regular and timely access to the services provided through the Ombudsman Program, and that residents and complainants receive timely responses to requests for information and complaints from the Ombudsman Program; 5. ensure ombudsman representatives visit residents at one or more facility within the assigned geographic area at least once every other week, at a time which best meets the needs of the Ombudsman Program and residents, to ensure regular and timely access to Ombudsman Program services; 6. represent the interests of residents before governmental agencies and ensure that individual residents have access to administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents; 7. provide administrative and technical assistance to ombudsman representatives, host agencies, and local ombudsman programs; 8. analyze, comment on, and monitor the development of laws, regulations, policies, and actions to protect the health, safety, welfare, and rights of residents as set forth in 45 CFR 1324.13(a)(7); 9. provide information and recommendations to public and private agencies, legislators, the media, and other persons regarding problems and concerns relating to residents and the conditions of facilities; 10. investigate all allegations of interference, retaliation, and reprisal by an entity against a resident, complainant, ombudsman representative, the State Ombudsman, and the Ombudsman Program; and 11. establish state level coordination with other programs, agencies, and entities with responsibilities relevant to the protection of the health, safety, welfare, or rights of residents as set forth in 45 CFR 1324.13(h). (b) Designation and Certification. The State Ombudsman will determine designation, and refusal, suspension, or removal of designation, of local ombudsman programs and certification of ombudsman representatives. 1. Local Ombudsman Programs. Where the State Ombudsman chooses to designate local ombudsman programs, the State Ombudsman will: a. require as a condition of designation that the local ombudsman program be organizationally located within a public agency or nonprofit organization; b. review and approve plans or contracts governing local ombudsman programs in coordination with EOHHS; and c. monitor, on a regular basis, the performance of the local ombudsman program. 2. The State Ombudsman will establish certification requirements for ombudsman representatives, consistent with the requirements of 45 CFR 1324.13(c), including training and continuing education requirements. 3. The State Ombudsman will investigate allegations of misconduct by ombudsman representatives in the performance of Ombudsman Program duties and coordinate such investigations with EOHHS, the local ombudsman program, and the host agency, as applicable. (c) Ombudsman Program Records. The State Ombudsman will manage the Ombudsman Program records consistent with 101 CMR 30.15 and maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in facilities for the purpose of identifying and resolving complaints. (d) Fiscal Management. The State Ombudsman will determine the use of fiscal resources appropriated or otherwise available for the operation of the Ombudsman Program. The State Ombudsman will establish financial and administrative systems and procedures that comply with federal and state laws and requirements, including, but not limited to, approving all budgets and expenditures of the Ombudsman Program and the local ombudsman programs as set forth in 45 CFR 1324.13(f). (e) Annual Report. The State Ombudsman will independently develop and provide final approval of an annual report as set forth in M.G.L. c. 6, § 16CC(g)(v) and 45 CFR 1324.13(g), or as directed by the Secretary or other federal requirement.