Designation of Local Ombudsman Programs

(1) The State Ombudsman designates host agencies to house a local ombudsman program for a geographic area. Host agency designation occurs on an annual cycle determined by the State Ombudsman, for a period not to exceed one year. Designation may be renewed at the discretion of the State Ombudsman. Only AAAs, public agencies, or nonprofit organizations may be designated to host local ombudsman programs. (2) To be designated as a host agency for a local ombudsman program, the host agency must have the ability and capacity to carry out the functions of a local ombudsman program as set forth in 101 CMR 30.06, 101 CMR 30.07, and 45 CFR 1324.19. The State Ombudsman may not designate as a host agency: (a) an agency or organization responsible for licensing or certifying facilities; (b) associations of facilities or their affiliates or agents; or (c) any other entity for which such designation would create a conflict of interest as a local ombudsman program. (3) The local ombudsman program and the ombudsman representatives must be designated by the State Ombudsman to be permitted access to residents for the purposes of performing the duties of the Ombudsman Program. (4) Annual Designation Procedures. (a) On an annual basis, the State Ombudsman will evaluate prospective or existing host agencies for designation. (b) The State Ombudsman will review the application of a host agency to house a local ombudsman program to ensure: 1. the host agency has the capacity to comply with the Ombudsman Program rules and requirements and applicable state and federal laws and regulations, including the agency’s ability to recruit sufficient ombudsman representatives to meet the coverage requirements for the assigned geographic area and otherwise meet the requirements of 101 CMR 30.06, 101 CMR 30.07, and 45 CFR 1324.19; and 2. the designation does not create or involve a conflict of interest. (5) Funding and Designation. EOEA provides the funding for a local ombudsman program to the AAAs who distribute the funds to designated host agencies housing local ombudsman programs. (6) Ombudsman Program Geographic Areas. The State Ombudsman will designate local ombudsman programs sufficient to provide Ombudsman Program services in all geographic areas of the Commonwealth.