State Long-Term Care Ombudsman Program

PURPOSE: This rule describes how the division operates the statewide Long-Term Care Ombudsman Program. (1) The statewide Long-Term Care Ombudsman Program (LTCOP) consists of the state office, regional offices, and volunteers. The regional programs are housed in or subcontracted by the designated area agencies on aging. The LTCOP— (A) Identifies, investigates, and resolves complaints made by or on behalf of residents in long-term care (LTC) facilities relating to action, inaction, or decision of providers, or their representatives, of long-term care services, of public agencies or of social service agencies, which may adversely affect the health, safety, welfare, or rights of such residents. If regional LTCOP coordinators, staff or volunteers determine that a nursing home administrator is not willing to work with the ombudsman program to resolve complaints, the regional LTCOP coordinator, staff, or volunteer shall notify the state ombudsman in writing. 1. The state ombudsman, or his/her designee, may facilitate a meeting with the nursing home administrator, and the regional LTCOP coordinator, staff, and/or volunteer. If deemed appropriate, the state ombudsman or his/her designee may notify the nursing facility’s corporate staff (if applicable) of the meeting and its results. 2. The regional LTCOP coordinator or staff of the LTCOP state office may contact the Section for Long-Term Care Regulation (SLTCR). The LTCOP state office staff will monitor cases where the nursing home administrator is unwilling to work with the LTCOP and monitor the involvement and/or investigation conducted by SLTCR; (B) Monitors the development and implementation of federal, state and local laws, regulations and policies that relate to LTC facilities in the state; (C) Provides information to public agencies about the problems of residents in LTC facilities; (D) Trains LTCOP staff and volunteers and promotes and assists in the development of citizen organizations; (E) Implements additional activities, as appropriate, that enhance the LTCOP and are consistent with federal and state requirements and guidelines; (F) Develops procedures to assure that representatives of the LTCOP are given appropriate access to LTC facilities, appropriate private access to residents and appropriate access to the residents’ personal and medical records; and (G) Establishes a statewide uniform reporting system to collect and analyze complaints about conditions in LTC facilities for the purpose of identifying problems. Information developed is submitted to the division’s licensure and certification section and follow-up is coordinated to resolve significant problems. Reports on the information gathered and analyzed through the statewide uniform reporting system are submitted to the assistant secretary as required. AUTHORITY: section 192.2000, RSMo 2016, and section 192.2305, RSMo Supp. 2021.* This rule was previously filed as 13 CSR 15-6.065 and 13 CSR 15-4.060. Original rule filed Jan. 6, 1986, effective April 30, 1986. Moved to 19 CSR 15-4.060, effective Aug. 28, 2001. Emergency amendment filed Sept. 12, 2003, effective Sept. 22, 2003, expired March 19, 2004. Amended: Filed Sept. 12, 2003, effective Feb. 29, 2004. Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022. *Original authority: 192.2000, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995, 2001, 2014, and 192.2305, RSMo 1991, amended 2003, 2014, 2020.