R510-200-4. Program Administration

  (1) Division.

  (a) shall establish a State Office of Long-Term Care Ombudsman (Office). The Office is a distinct entity, separately identifiable, and located within or connected to the Division.

  (b) shall require that the SLTCO serve on a full-time basis.

  (c) shall not require or request the ombudsman to be responsible for leading, managing, or performing the work of non-ombudsman services or programs except on a time-limited, intermittent basis.

  (d) shall ensure that the SLTCO meets minimum qualifications, including demonstrated expertise in:

  (i) long-term services and supports or other direct services for older persons or other residents of long-term care facilities;

  (ii) consumer-oriented public policy advocacy;

  (iii) leadership and program management skills; and

  (iv) negotiation and problem resolution skills.

  (e) shall ensure that the SLTCO complies with the relevant provisions of the Older Americans Act (OAA) and this rule;

  (f) shall ensure that the SLTCO has sufficient authority to fully perform all the functions, responsibilities, and duties of the Office;

  (g) shall provide opportunities for training for the SLTCO in order to maintain expertise to serve as an effective advocate for residents;

  (h) shall provide personal supervision and management of the SLTCO;

  (i) shall integrate the goals and objectives of the Office into the State plan;

  (j) shall provide elder rights leadership;

  (k) ensure that mechanisms are in place to prohibit and investigate allegations of willful interference, retaliation, and reprisals:

  (i) by a long-term care facility, other entity, or individual with respect to any resident, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of the Office; or

  (ii) by a long-term care facility, other entity, or individual against the ombudsman or representatives of the Office for fulfillment of the functions, responsibilities, or duties enumerated in this rule.

  (l) shall provide appropriate sanctions with respect to willful interference, retaliation and reprisals;

  (m) shall not have or maintain personnel policies or practices which prohibit the ombudsman from performing the functions and responsibilities of the ombudsman; and

  (n) may require that the SLTCO or other employees or volunteers of the Office adhere to the other personnel policies and procedures of the Division which are otherwise lawful.

  (2) SLTCO.

  (a) the SLTCO is responsible for:

  (i) oversight of the statewide LTCOP;

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

  (iii) provision of public information regarding the LTCOP;

  (iv) working with Federal agencies, the State Legislature, other units of State government agency, and other agencies to obtain funding and other resources;

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

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

  (vii) assuring consistent, statewide reporting of LTCOP activities;

  (viii) monitoring local LTCOPs on an annual basis, or as needed as determined by the SLTCO to ensure that LTCOP goals are being met;

  (ix) providing technical assistance to local LTCOPs;

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

  (xi) recommending rules governing implementation of the LTCOP; and

  (xii) providing overall leadership for the Utah LTCOP.

  (b) the SLTCO shall propose to the State agency, hereinafter "Division" policies, procedures, and standards for administration of the ombudsman program including:

  (i) leadership and personal oversight of the statewide LTCOP, including:

  (A) final approval in hiring of local LTCO Representatives of the Office;

  (B) final approval and/or determination in decertification of local LTCO Representatives;

  (C) monitoring the performance of local Ombudsman entities; and

  (D) evaluating statewide LTCOP performance.

  (c) identify, investigate, and resolve complaints that:

  (i) are made by, or on behalf of, residents; and

  (ii) relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents (including the welfare and rights of the residents with respect to the appointment and activities of guardians and representative payees), of:

  (A) providers, or representatives of providers, of long-term care services;

  (B) public agencies; or

  (C) health and social service agencies.

  (d) provide services to assist the residents in protecting the health, safety, welfare, and rights of the residents;

  (e) inform residents about means of obtaining services provided by the Ombudsman Program;

  (f) ensure that residents have regular and timely access to the services provided through the Office and that the residents and complaints receive timely responses from the representatives of the Office to complaints;

  (g) represent the interests of the residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;

  (h) long-term care advocacy:

  (i) prioritize abuse, gross neglect, exploitation, and time-sensitive complaints;

  (ii) coordinate with statewide and national advocacy organizations involved in long-term care issues; and

  (iii) maintain awareness of current issues and trends in long-term care.

  (i) provide administrative and technical assistance to ombudsman entities to assist the entities in participating in the program;

  (j) practice vigilance regarding laws and regulations that pertain to the Office by:

  (i) analyze, facilitate public comment on, recommend any changes in, and monitor the development and implementation of Federal, State, and local laws, regulations, and other governmental agency policies and actions, that pertain to the health, safety, welfare, and rights of the residents;

  (k) the SLTCO and representatives of the Office must be excluded from State lobbying prohibitions that conflict with OAA provisions. They must have the ability, without representing the positions of the State, Division or other entity housing the Office, to make independent determinations and establish positions and opinions of the office regarding:

  (i) disclosure of information maintained by the LTCOP;

  (ii) recommendations to changes in laws, regulations, policies, and actions; and

  (iii) provision of information to public and private agencies, legislators, the media, and others, regarding the problems and concerns of residents and recommendations related to those problems and concerns.

  (l) providing for the certification and training of local LTCO to carry out LTCOP services of investigating and resolving complaints, conducting consultations, and providing information about the LTCOP;

  (m) through adoption of memoranda of understanding and other means, the SLTCO shall lead state-level coordination and support appropriate local ombudsman entity coordination, between the Ombudsman Program and other entities with responsibilities relevant to the health, safety, well-being, or rights of residents of long-term care facilities.

  (3) Fiscal Management.

  (a) the SLTCO shall determine the use of fiscal resources appropriated or otherwise available for the operation of the Office by:

  (i) where local ombudsman entities are designated, the ombudsman shall approve the allocations of Federal and State funds provided to such entities, subject to applicable Federal and State laws and policies; and

  (ii) the ombudsman shall determine that program budgets and expenditures of the Office and local ombudsman entities are consistent with laws, policies, and procedures governing the Ombudsman Program.

  (4) Annual Report.

  (a) the SLTCO shall independently develop and provide final approval of an annual report. Such report shall:

  (i) describe the activities carried out by the Office in the year for which the report is prepared;

  (ii) contain analysis of Ombudsman Program data;

  (iii) describe evaluation of the problems experienced by, and the complaints made by, or on behalf of, residents of long-term care facilities;

  (iv) contain policy, regulatory, and/or legislative recommendations for improving quality of the care and life of the residents; protecting the health, safety, welfare, and rights of the residents; and resolving resident complaints and identified problems or barriers;

  (v) contain analysis of the success of the Ombudsman Program. Including success in providing services to residents of long-term care facilities (nursing homes and assisted living facilities);

  (vi) describe barriers that prevent the optimal operation of the Ombudsman Program; and

  (vii) be provided to the following committees of the Utah State Legislature:

  (A) House Health and Human Services Committee;

  (B) Senate Health and Human Services Committee; and

  (C) Social Services Appropriations Committee.

  (b) in order to complete the required annual report, the SLTCO shall collect an annual report from each local ombudsman entity. Such report shall adhere to the guidelines set forth in this section.

  (5) Information and Assistance.

  (a) the SLTCO shall provide information and referrals regarding long-term care issues and the LTCOP to the general public, residents, community organizations, and other agencies.

  (6) Technical Assistance.

  (a) the SLTCO shall:

  (i) provide specialized technical assistance, consultation, training, and resources to local LTCOs, provider agencies, and the Division related to the operation of the LTCOP;

  (ii) provide statewide LTCOP data as available;

  (iii) monitoring of the local LTCOP;

  (iv) maintain activities and complaint data for the statewide LTCOP regarding Program components; and

  (v) may make site visits or assign a designee to evaluate local LTCO Entities.

  (7) Central Registry.

  (a) the SLTCO shall maintain a central registry of all local ombudsmen. The registry shall retain the following information on each:

  (i) the ombudsman's name, address, and telephone number;

  (ii) a summary of the ombudsman's qualifications;

  (iii) the AAA with which the ombudsman is associated;

  (iv) the most recent date of certification;

  (v) any conflict of interest; and

  (vi) any information pertaining to any decertification actions and the results of those actions.