R510-200-7. Long-Term Care Ombudsman Responsibilities

  (1) Certified Long-Term Care Ombudsman Responsibilities.

  (a) the SLTCO and representatives of the Office shall be excluded from abuse reporting requirements including when the reporting would disclose identifying information of a resident or complainant without consent or court order, with the exception of:

  (i) if the SLTCO or LTCO personally witnesses suspected abuse, gross neglect, or exploitation of a resident, the ombudsman shall seek communication of informed consent from such resident to disclose resident-identifying information to appropriate agencies; or

  (ii) if resident is unable to communicate consent, the ombudsman shall follow the consent protocol outlined in section R510-200-20.

  (b) providing LTCO services to protect the health, safety, welfare and rights of residents of long-term care facilities in accordance with the provisions of the Federal and State laws governing the LTCO and in accordance with the provisions of the Provider Agency contract for LTCO services;

  (c) fulfilling the program components outlined in contractual agreement;

  (d) documenting LTCO activities and case work as required by the rules, regulations, and requests by the SLTCO;

  (e) visit all long-term care facilities in the coverage area of the AAA/Provider Agency at least quarterly for a non-compliant related walk through;

  (f) prohibiting inappropriate access to LTCO records in the possession of the LTCOP;

  (g) completing data entry into the ombudsman computer program by:

  (i) including case information in all fields of:

  (A) case management;

  (B) activities;

  (C) consultations; and

  (D) other required information.

  (h) assuring all data is updated, completed, and dispensed to the SLTCO for NORS and other reporting requests or requirements;

  (i) performing each responsibility in accordance with all applicable Federal and State laws, regulations, and policies, and keeping the SLTCO informed of all critical issues as they arise; and

  (j) follow complaint process procedures as follows:

  (i) investigate complaints and develop an action plan to resolve the complaint;

  (ii) provide supervision over the implementation of the action plan and any follow-up determined necessary;

  (iii) set complaint response priorities;

  (iv) assign complaints to staff, including volunteers; and

  (v) provide case consultations as requested.

  (k) actions that are outside the scope of authority of a LTCO and are not the responsibility of a LTCO include:

  (i) transporting a client;

  (ii) providing clients services that should be provided by the facility in which they reside;

  (iii) acting as a guardian;

  (iv) acting as a payee;

  (v) signing consent forms for survey, medication, or restraints;

  (vi) signing medical directives; and

  (vii) receiving client power of attorney.