No. 28969 (Amendment): R510-200-9. Determination of the Responsible Agency for Investigating Particular Cases in Long-Term Care Facilities

 

DAR File No.: 28969
Filed: 08/29/2006, 09:59
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to establish procedures to determine whether Adult Protective Services or the Long-Term Care Ombudsman (LTCO) Program will be responsible to investigate or provide services in a particular case.

 

Summary of the rule or change:

The LTCO Program will be the responsible agency in responding to a report of alleged abuse, neglect, or exploitation of an elderly vulnerable adult who resides in a long term care facility, other than cases that allege sexual abuse or sexual exploitation.

 

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 moving some required 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.

 

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 costs with existing funds.

 

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 [e-mail]

 

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.

R510-200-9. Determination of the Responsible Agency for Investigating Particular Cases in Long-Term Care Facilities.

A. Pursuant to Utah Code Section 62A-3-106.5, to avoid duplication in responding to a report of alleged abuse, neglect, or financial exploitation in a long-term care facility, the Division hereby establishes procedures to determine whether Adult Protective Services or the Long-Term Care Ombudsman Program will be responsible to investigate or provide services in a particular case and determine whether, and under what circumstances, the agency that is not the responsible agency will provide assistance to the responsible agency in a particular case.

B. The Long-Term Care Ombudsman Program will be the responsible agency in responding to a report of alleged abuse, neglect, or exploitation of a vulnerable adult who resides in a long-term care facility in the following cases:

(1) When an allegation of abuse, neglect or exploitation occurs, the Long-Term Care Ombudsman will be the responsible agency in cases other than cases that allege sexual abuse or sexual exploitation;

(2) When a resident of a long-term care facility has allegedly abused, neglected, or financially exploited another resident;

(3) When an employee of a long-term care facility has allegedly abused, neglected, or financially exploited a resident and the facility has terminated the employee;

(4) When the police or local law enforcement have initiated an investigation of alleged abuse, neglect, or financial exploitation.

C. Adult Protective Services will be the responsible agency in responding to a report of alleged abuse, neglect, or exploitation of a vulnerable adult who resides in a long-term care facility in the following cases:

(1) When an allegation of sexual abuse or sexual exploitation of a vulnerable adult is received.

D. The agency that is not the responsible agency will provide assistance to the responsible agency in the following circumstances:

(1) When the responsible agency requests the assistance of the non-responsible agency; or

(2) When the responsible agency is the LTCO and there is evidence that the resident's protective need has not been met.

 

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