Refusal, Suspension, or Removal of Local Ombudsman Program Designation

(1) The State Ombudsman may refuse to designate a host agency during the application process, or suspend or remove designation of a host agency, if the State Ombudsman determines the local ombudsman program does not meet the standards set forth in 101 CMR 30.06 or 101 CMR 30.07, or is not in compliance with the designation agreement or other federal or state laws or requirements to operate as a local ombudsman program. (a) To effectuate the de-designation determination, the State Ombudsman will send written notice by first class mail of such determination to the host agency, with copy to the appropriate AAA, containing the information required in 101 CMR 30.08(3). (b) The effective date of the de-designation determination must be at least 15 calendar days after the issue date of written notice, except in emergency situations as set forth in 101 CMR 30.08(2). (c) The de-designated host agency will have the opportunity to request that the State Ombudsman reconsider the determination. (2) If the State Ombudsman determines an action or omission by a person associated with a local ombudsman program endangers or has endangered the life, health, welfare, or safety of a resident or staff of a facility, the State Ombudsman may refuse, suspend, or remove the host agency’s designation orally, effective immediately. The State Ombudsman will provide written notice of action with the information required in 101 CMR 30.08(3) to the host agency within seven calendar days of the oral notice. (3) Notice of Action. The written notice of a determination by the State Ombudsman to refuse, suspend, or remove designation of the host agency must: (a) state the grounds for the State Ombudsman’s determination; (b) include the termination date of the designation; and (c) inform the host agency of the right to apply to the State Ombudsman for reconsideration of the determination within 15 calendar days of the effective date of the notice of the termination of designation. (4) Continuity of Services. Upon refusal, suspension, or removal of designation, the State Ombudsman will work to ensure no gap in Ombudsman Program services and designate a new local ombudsman program for the geographic area as soon as practicable. (5) Termination of Funding of a Designated Local Ombudsman Program. (a) The funding to the local ombudsman program for the balance of the funding period will immediately terminate after refusal to redesignate or the de-designation of a local ombudsman program by the State Ombudsman. (b) The local ombudsman program may appeal to the Secretary of EOHHS, or their designee, the termination of funding. 1. The appeal must be submitted to the Secretary of EOHHS within 15 calendar days of the effective date of the termination of funding. 2. The Secretary, or their designee, will make a decision on the appeal within 30 days of receipt of the appeal. 3. The decision of the Secretary, or their designee, regarding the termination of funding will be the final agency decision.