K.S.A. § 75-7306 — KS Code / Chapter 75 / Article 73 / Section 75-7306
75-7306 - State long-term care ombudsman; powers and duties.
Status: in_force

75-7306. State long-term care ombudsman; powers and duties. The state long-term care ombudsman shall be an advocate of residents in facilities throughout the state. The state long-term care ombudsman shall:

(a) Investigate and resolve complaints made by or on behalf of the residents:

(1) Relating to action, inaction or decisions of providers, or representatives of providers, of long-term care, public agencies or health and social services agencies, except that complaints of abuse, neglect or exploitation of a resident may be referred to the secretary for aging and disability services in accordance with the provisions of K.S.A. 39-1401 et seq., and amendments thereto, with the resident or resident's representative's consent or as permitted by federal law; or

(2) regarding the welfare and rights of residents with respect to the appointment or activities of resident representatives;

(b) develop continuing programs to inform residents, their family members or other persons responsible for residents regarding the rights and responsibilities of residents and such other persons;

(c) provide the legislature and the governor with an annual report containing data, findings and outcomes regarding the types of problems experienced and complaints received by or on behalf of residents and containing policy, regulatory and legislative recommendations to solve such problems, resolve such complaints and improve the quality of care and life in facilities and present such report and other appropriate information and recommendations to the senate committee on public health and welfare, the senate committee on ways and means, the house of representatives committee on health and human services and the house of representatives committee on appropriations during each regular session of the legislature;

(d) analyze and monitor the development and implementation of federal, state and local government laws, rules and regulations, resolutions, ordinances and policies with respect to long-term care facilities and services provided in this state, and recommend any changes in such laws, regulations, resolutions, ordinances and policies deemed by the office to be appropriate;

(e) provide information to public and private agencies, the media, legislators and others, as deemed necessary by the office, regarding the problems and concerns of residents in facilities, including recommendations related thereto. The state long-term care ombudsman may give the information or recommendations to any directly affected public and private agency or legislator or their representatives before providing such information or recommendations to news media representatives;

(f) prescribe and provide for the training of each regional long-term care ombudsman, any individual designated as an ombudsman under subsection (h) and any individual who is an ombudsman volunteer in:

(1) Federal, state and local laws, rules and regulations, resolutions, ordinances and policies with respect to facilities located in Kansas;

(2) investigative techniques;

(3) the needs and rights of long-term care residents who have Alzheimer's disease and other dementia and strategies to care for and address the specific issues encountered by such residents. Topics shall include, but not be limited to:

(A) Understanding the warning signs and symptoms of Alzheimer's and other dementia;

(B) knowledge of person-centered dementia care;

(C) effectively communicating with individuals living with Alzheimer's and other dementia;

(D) recognizing behavioral symptoms, including alternatives to physical and chemical restraints for residents;

(E) addressing specific threats to residents' safety, such as wandering;

(F) referring residents' care partners and families to accurate and up-to-date sources of information, support and resources regarding Alzheimer's and other dementia; and

(G) protocols for connecting individuals living with Alzheimer's and other dementia to local care resources and professionals who are skilled in dementia care to encourage cross-referral and reporting regarding incidents of abuse; and

(4) such other matters as the state long-term care ombudsman deems appropriate;

(g) coordinate ombudsman services provided by the office with the protection and advocacy systems for individuals with developmental disabilities and mental illness established under part A of the federal developmental disabilities assistance and bill of rights act, 42 U.S.C.A. § 6001 et seq., and under the federal protection and advocacy for mentally ill individuals act of 1986, public law 99-316;

(h) authorize an individual who is an employee of the office and who has satisfactorily completed the training prescribed by the state long-term care ombudsman under subsection (f) to be an ombudsman or a volunteer ombudsman and to be a representative of the office and such an authorized individual shall be deemed to be a representative of the office for the purposes of and subject to the provisions of the long-term care ombudsman act;

(i) establish and maintain a system to recruit and train individuals to become volunteer ombudsmen;

(j) develop and implement procedures for authorizing and for withdrawing the authorization of individuals to be ombudsmen or volunteer ombudsmen to represent the office in providing ombudsmen services;

(k) provide services to residents of facilities throughout the state, directly or through service providers, to meet needs for ombudsmen services;

(l) collaborate with the Kansas department for aging and disability services to review and maintain the statewide system that collects and analyzes information on complaints and conditions in facilities; and

(m) perform such other duties and functions as may be provided by law.