No. 28967 (Amendment): R510-200-1. Purpose  

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    DAR File No.: 28967
    Filed: 08/29/2006, 09:57
    Received by: NL

     

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The purpose of this amendment is to employ Regional Ombudsmen to assist the State Long-Term Care Ombudsman (LTCO) in meeting program regulations and responsibilities, providing assistance, and advocacy to residents of long-term care facilities.

     

    Summary of the rule or change:

    The rule change provides for the addition of Regional Ombudsmen to assist with monitoring, oversight, assistance, and leadership to local ombudsmen and volunteers, within specific regions, to improve consistency and quality of ombudsman services.

     

    State statutory or constitutional authorization for this rule:

    Section 62A-3-106.5

     

    Anticipated cost or savings to:

    the state budget:

    There is no anticipated cost or savings to the state. Existing funds will be used for these positions by transferring some funds from Adult Protective Services, and using other available funds already existing within the budget.

     

    local governments:

    There is no anticipated cost or savings to local government. All costs will be borne by the state with existing funds.

     

    other persons:

    There is no anticipated cost or savings of other persons or external entities, public or private organizations, as the state has the funds set aside to cover costs.

     

    Compliance costs for affected persons:

    There will be no compliance costs for any persons at an individual level. The state will cover any associated costs.

     

    Comments by the department head on the fiscal impact the rule may have on businesses:

    The rule may have a positive fiscal impact on skilled nursing and other long-term care facilities, in that the Ombudsman program will have additional resources to provide training and mediation services to these facilities. Lisa-Michele Church, Executive Director

     

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Human Services
    Aging and Adult Services
    120 N 200 W
    SALT LAKE CITY UT 84103-1500

     

    Direct questions regarding this rule to:

    Kathleen Bailey at the above address, by phone at 801-538-3924, by FAX at 801-538-4395, or by Internet E-mail at kfbailey@utah.gov

     

    Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

    10/16/2006

     

    This rule may become effective on:

    10/23/2006

     

    Authorized by:

    Alan Ormsby, Director

     

     

    RULE TEXT

    R510. Human Services, Aging and Adult Services.

    R510-200. Long-Term Care Ombudsman Program Policy.

    R510-200-1. Purpose.

    A. The Long-term Care Ombudsman (LTCO) Program is created for the purpose of promoting, advocating, and ensuring the adequacy of care received, and the quality of life experienced by elderly residents of long-term care facilities within the State.

    B. Operation of the LTCO Program is a joint responsibility of the Division and local AAAs. Authority to administer the LTCO Program is derived from the Older Americans Act (OAA) Title VII: Allotments for Vulnerable Elder Rights Protection Activities and Section 62a-3-201 et seq.

    C. The Division will establish a State Office of LTCO.

    D. The State LTCO is responsible for:

    (1) oversight of the statewide LTCO program;

    (2) providing training to local LTCO staff and volunteers;

    (3) provision of public information regarding the LTCO program;

    (4) working with federal agencies, the State Legislature, other units of state government and other agencies to obtain funding and other resources;

    (5) developing cooperative relationships among agencies involved in long-term care;

    (6) resolving conflicts among agencies regarding long-term care;

    (7) assuring consistent, statewide reporting of LTCO program activities:

    (8) monitoring local LTCO programs;

    (9) providing technical assistance to local LTCO programs;

    (10) maintaining close communication and cooperation in the LTCO statewide network;

    (11) recommending rules governing implementation of the LTCO program; and

    (12) providing overall leadership for the Utah LTCO program.

    E. The Division may employ Regional Ombudsmen to assist the State LTCO in meeting his or her responsibilities. In addition to assisting the State LTCO, Regional Ombudsmen are responsible to:

    (1) Spend a majority of their time providing ombudsman services, including but not limited to, investigating and resolving complaints when local ombudsmen transfer a case, providing services to assist residents of long-term care facilities, informing and educating residents about their rights, providing administrative and technical assistance to local ombudsmen and volunteers, providing systemic advocacy, providing training to long-term care facilities, and assisting in the development of family and resident councils;

    (2) Provide monitoring, oversight, assistance and leadership to local ombudsmen and volunteers in their region;

    (3) Ensure that all ombudsmen in their region adhere to established policy and procedure; and

    (4) Improve consistency and quality of Ombudsmen services in their region.

    [E]F. AAAs are responsible for daily operation of the program, either directly or by contract, as defined in these rules.

    [F]G. The Division, State LTCO and AAAs must work together to protect elderly residents, promote quality care in residential facilities, and promote the LTCO program.

     

    KEY: elderly, ombudsman, LTCO

    Date of Enactment or Last Substantive Amendment: [1994]2006

    Notice of Continuation: November 1, 2002

    Authorizing, and Implemented or Interpreted Law: 62A-3-201 to 8; 62A-3-104

     

     

     

     

Document Information

Effective Date:
10/23/2006
Publication Date:
09/15/2006
Filed Date:
08/29/2006
Agencies:
Human Services,Aging and Adult Services
Rulemaking Authority:

Section 62A-3-106.5

 

Authorized By:
Alan Ormsby, Director
DAR File No.:
28967
Related Chapter/Rule NO.: (1)
R510-200-1. Purpose.