reglab/housing_qa huggingface dataset:
NE Code § 81-2237 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2237 - Act, how cited.

81-2237.  Act, how cited.Sections 81-2237 to 81-2264 shall be known and may be cited as the Long-Term Care Ombudsman Act.Source   Laws 1992, LB 677, § 1;  Laws 2018, LB903, § 2.  Cross References  Adult Protective Services Act, see section 28-348.
NE Code § 81-2238 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2238 - Definitions, where found.

81-2238.  Definitions, where found.For purposes of the Long-Term Care Ombudsman Act, the definitions found in sections 81-2239 to 81-2248 shall be used.Source   Laws 1992, LB 677, § 2;  Laws 2018, LB903, § 3.
NE Code § 81-2239 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2239 - Department, defined.

81-2239.  Department, defined.Department means the Department of Health and Human Services.Source   Laws 1992, LB 677, § 3;   Laws 1996, LB 1044, § 882;  Laws 2018, LB903, § 4.
NE Code § 81-2242 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2242 - Local long-term care ombudsman program, defined.

81-2242.  Local long-term care ombudsman program, defined.Local long-term care ombudsman program means an entity, either public or private and nonprofit, designated as a local long-term care ombudsman program by the office.Source   Laws 1992, LB 677, § 6;  Laws 2018, LB903, § 5.
NE Code § 81-2243 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2243 - Long-term care facility, defined.

81-2243.  Long-term care facility, defined.Long-term care facility includes:(1) A nursing facility;(2) An assisted-living facility;(3) Any other adult care home;(4) A continuing care community;(5) Any swing bed in an acute care facility or extended care facility; and(6) Any adult day service.Source   Laws 1992, LB 677, § 7;   Laws 1997, LB 608, § 26;  Laws 2000, LB 819, § 157;  Laws 2018, LB903, § 6.
NE Code § 81-2244 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2244 - Office, defined.

81-2244.  Office, defined.Office means the office of the state long-term care ombudsman.Source   Laws 1992, LB 677, § 8;  Laws 2018, LB903, § 7.
NE Code § 81-2245 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2245 - Older Americans Act, defined.

81-2245.  Older Americans Act, defined.Older Americans Act means the federal Older Americans Act, as amended.Source   Laws 1992, LB 677, § 9;  Laws 2018, LB903, § 8.
NE Code § 81-2246 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2246 - Transferred to section 81-2247.02.

81-2246.  Transferred to section 81-2247.02.
NE Code § 81-2247 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2247 - Ombudsman advocate, defined.

81-2247.  Ombudsman advocate, defined.Ombudsman advocate means an employee or a volunteer of the office other than the state long-term care ombudsman or of a local program trained and certified to carry out duties of the office.Source   Laws 1992, LB 677, § 11;  Laws 2018, LB903, § 9.
NE Code § 81-2247.01 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2247.01 - Representative of the office, defined.

81-2247.01.  Representative of the office, defined.Representative of the office means an employee or volunteer designated by the state long-term care ombudsman to fulfill the duties of the office, whether personnel supervision is provided by the state long-term care ombudsman or his or her designee or by an agency hosting a local long-term care ombudsman designated by the state long-term care ombudsman.Source Laws 2018, LB903, § 10.
NE Code § 81-2247.02 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2247.02 - Resident, defined.

81-2247.02.  Resident, defined.Resident means an individual who resides in a long-term care facility as a patient, resident, or client.Source   Laws 1992, LB 677, § 10;   R.S.1943, (2014), § 81-2246;  Laws 2018, LB903, § 11.
NE Code § 81-2247.03 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2247.03 - Resident representative, defined.

81-2247.03.  Resident representative, defined.Resident representative means:(1) An individual chosen by the resident to act on behalf of the resident in order to support the resident in decisionmaking; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or(2) A person authorized by state or federal law, including, but not limited to, agents under a power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decisionmaking; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.Source Laws 2018, LB903, § 12.
NE Code § 81-2248 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2248 - State long-term care ombudsman, defined.

81-2248.  State long-term care ombudsman, defined.State long-term care ombudsman means the person appointed under section 81-2249 to fulfill the responsibilities of the office.Source   Laws 1992, LB 677, § 12;  Laws 2007, LB296, § 767;  Laws 2018, LB903, § 13.
NE Code § 81-2249 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2249 - Office; created; state long-term care ombudsman; appointed.

81-2249.  Office; created; state long-term care ombudsman; appointed.Pursuant to the Older Americans Act, the office of the state long-term care ombudsman is hereby created. The department shall establish and operate the office. The chief executive officer of the department shall appoint the state long-term care ombudsman.Source   Laws 1992, LB 677, § 13;  Laws 2007, LB296, § 768.
NE Code § 81-2250 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2250 - Long-term care ombudsman program; established; contents.

81-2250.  Long-term care ombudsman program; established; contents.The department shall establish a long-term care ombudsman program consisting of the state long-term care ombudsman and any local long-term care ombudsman programs. The program shall:(1) Investigate and resolve complaints made by or on behalf of residents relating to action, inaction, or decisions of providers of long-term care services or their representatives, of public agencies, or of social service agencies which may adversely affect the health, safety, welfare, or rights of residents. The office shall implement procedures to ensure that no state long-term care ombudsman or ombudsman advocate investigates any complaint involving a provider with which the representative was once employed or associated;(2) Provide for the training of the state long-term care ombudsman and ombudsman advocates and promote the development of citizen organizations to participate in the program, provide training to ombudsman advocates and staff of local long-term care ombudsman programs, issue certificates attesting to the successful completion of the prescribed training, and provide ongoing technical assistance to such local programs;(3) Analyze and monitor the development and implementation of federal, state, and local laws, regulations, and policies with respect to long-term care facilities and services and recommend any changes in such laws, regulations, and policies deemed by the long-term care ombudsman program to be appropriate;(4) Establish a statewide, uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems. The data shall be submitted to the department at least on an annual basis;(5) Prepare reports and provide policy, regulatory, and legislative recommendations to solve problems, resolve complaints, and improve the quality of care and life in long-term care facilities;(6) Provide for public forums to discuss concerns and problems relating to action, inaction, or decisions that may adversely affect the health, safety, welfare, or civil rights of residents and resident representatives, public agencies and entities, and social service agencies; and(7) Provide information to public agencies, legislators, and others regarding the problems and concerns, including recommendations related to such problems and concerns, of residents.Source   Laws 1992, LB 677, § 14;   Laws 1996, LB 1044, § 884;  Laws 2007, LB296, § 769;  Laws 2018, LB903, § 14.
NE Code § 81-2251 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2251 - Rules and regulations; state long-term care ombudsman; qualifications.

81-2251.  Rules and regulations; state long-term care ombudsman; qualifications.The department may adopt and promulgate rules and regulations to carry out the Long-Term Care Ombudsman Act. The department shall ensure that the state long-term care ombudsman has no conflicts of interest in fulfilling the duties of the office, is capable of administering the office impartially, has an understanding of long-term care issues, has experience in the fields of aging and health care, and has worked with and been involved in volunteer programs.Source   Laws 1992, LB 677, § 15;  Laws 2007, LB296, § 770;  Laws 2018, LB903, § 15.
NE Code § 81-2252 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2252 - Local long-term care ombudsman programs; designation; provisional status.

81-2252.  Local long-term care ombudsman programs; designation; provisional status.The office may designate for two-year periods, within each planning-and-service area designated pursuant to section 81-2213, local long-term care ombudsman programs.The office may withdraw or provisionally maintain the designation of an entity as a local long-term care ombudsman program. If the designation of a local long-term care ombudsman program is provisionally maintained, the office shall notify the program of the reasons for the provisional status, of the changes or corrections necessary for the removal of the provisional status, of the length of time permitted to make the changes or corrections, and that the office will withdraw the designation if the program does not comply with the requirements specified in the notice. If the designation of a local long-term care ombudsman program is withdrawn, the office may provide for the continuation of long-term care ombudsman services for that area.Source   Laws 1992, LB 677, § 16;  Laws 2007, LB296, § 771;  Laws 2018, LB903, § 16.
NE Code § 81-2253 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2253 - Staff training requirements; ombudsman advocate certification; required.

81-2253.  Staff training requirements; ombudsman advocate certification; required.(1) The state long-term care ombudsman shall ensure that the staff of the office and of local long-term care ombudsman programs are trained in:(a) Federal, state, and local laws, regulations, and policies with respect to long-term care facilities in the state;(b) Investigative techniques;(c) Management of long-term care facilities; and(d) Such other matters as the office deems appropriate.(2) The state long-term care ombudsman shall develop procedures for the certification of ombudsman advocates.(3) No ombudsman advocate shall investigate any complaint filed with the office unless such person is certified by the office.Source   Laws 1992, LB 677, § 17;  Laws 2018, LB903, § 17.
NE Code § 81-2254 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2254 - Office; investigations; procedure.

81-2254.  Office; investigations; procedure.The office shall investigate and seek to resolve complaints and concerns communicated by or on behalf of a resident. The office may initiate investigations based on its observations of the conditions in a long-term care facility. If the office does not investigate a complaint, the complainant shall be notified of the decision not to investigate and the reasons for the decision.Source   Laws 1992, LB 677, § 18;  Laws 2018, LB903, § 18.
NE Code § 81-2255 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2255 - Abuse, neglect, or exploitation; referral required; procedure.

81-2255.  Abuse, neglect, or exploitation; referral required; procedure.(1) Notwithstanding any other provision of law related to reporting, when abuse, neglect, or exploitation of a resident is suspected, the long-term care ombudsman program, with the permission of the resident or the resident representative, shall make an immediate referral to adult protective services of the department or the appropriate law enforcement agency.(2) Any state agency or board which responds to a complaint against a long-term care facility or an individual employed by a long-term care facility that was referred to the state agency or board by the office shall forward to the office copies of related inspection reports, plans of correction, and notice of any citations and sanctions levied against the long-term care facility or the individual.Source   Laws 1992, LB 677, § 19;   Laws 1996, LB 1044, § 885;  Laws 2007, LB296, § 772;  Laws 2018, LB903, § 19.
NE Code § 81-2256 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2256 - Long-term care facility; notice required; form.

81-2256.  Long-term care facility; notice required; form.Every long-term care facility shall post in a conspicuous location a notice of the name, address, and telephone number of the office and the name and telephone number of the nearest local long-term care ombudsman program. A brief description of the services provided by the office and the nearest long-term care ombudsman program shall be included in the notice. The form of the notice shall be approved by the office.Source  Laws 1992, LB 677, § 20.
NE Code § 81-2257 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2257 - Office; access to governmental records.

81-2257.  Office; access to governmental records.Upon request, the office shall have access to any record of a state or local governmental agency which is necessary to carry out its responsibilities under the Long-Term Care Ombudsman Act.Source  Laws 1992, LB 677, § 21.
NE Code § 81-2258 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2258 - Office; access to medical and personal records; liability for disclosure; confidentiality.

81-2258.  Office; access to medical and personal records; liability for disclosure; confidentiality.(1) The office shall have access to the medical and personal records of a resident of a long-term care facility which are retained by the facility. If the resident:(a) Has the ability to consent in writing or through the use of auxiliary aids and services, access may only be obtained by the written consent of the resident;(b) Is unable to consent in writing or through the use of auxiliary aids and services, oral consent may be given;(c) Is under guardianship or conservatorship that provides the guardian or conservator with the authority to approve review of records, the office shall obtain the permission of the guardian or conservator for review of the records unless (i) the existence of the guardianship or conservatorship is unknown to the office or the facility, (ii) the guardian or conservator cannot be reached within five working days, (iii) the subject of the complaint is the guardian or the conservator, or (iv) in case of an emergency;(d) Has a resident representative other than a guardian or conservator as described in subdivision (c) of this subsection, the office shall obtain the permission of the resident representative for review of the records unless (i) the existence of the resident representative is unknown to the office or the facility, (ii) the resident representative cannot be reached within five working days, (iii) the subject of the complaint is the resident representative, or (iv) in case of emergency; and(e) Is unable to express written or oral consent and there is no guardian, conservator, or other resident representative or the notification of the guardian, conservator, or other resident representative is not applicable for reasons set forth in subdivision (c) or (d) of this subsection or the resident is deceased, inspection of records may be made by the state long-term care ombudsman or representatives of the office.(2) Copies of records may be reproduced by the office.(3) Upon request by the office, a long-term care facility shall provide to the office the name, address, and telephone number of the resident representative or next of kin of a resident.(4) The long-term care facility and personnel who disclose records pursuant to this section shall not be liable for the disclosure.(5) The office shall establish procedures to protect the confidentiality of records obtained pursuant to this section.Source   Laws 1992, LB 677, § 23;  Laws 2018, LB903, § 20.
NE Code § 81-2259 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2259 - State long-term care ombudsman and ombudsman advocate; access to resident.

81-2259.  State long-term care ombudsman and ombudsman advocate; access to resident.A state long-term care ombudsman or an ombudsman advocate shall have immediate access to any consenting resident for the purpose of effectively carrying out the Long-Term Care Ombudsman Act if such state long-term care ombudsman or ombudsman advocate identifies himself or herself and presents his or her credentials to the individual in charge of the long-term care facility.Source   Laws 1992, LB 677, § 22;  Laws 2018, LB903, § 21.
NE Code § 81-2260 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2260 - Complaints or investigations; confidentiality; exceptions.

81-2260.  Complaints or investigations; confidentiality; exceptions.(1) Information relating to any complaints or investigation made pursuant to the Long-Term Care Ombudsman Act that discloses the identities of complainants or residents shall remain confidential except:(a) When disclosure is authorized in writing by the complainant, resident, or resident representative;(b) When disclosure is necessary to an investigation of abuse, neglect, or exploitation and the disclosure is made to the Attorney General, the county attorney, or the department;(c) When disclosure is necessary for the provision of services to the resident and the resident is unable to express written or oral consent; or(d) Upon court order.(2) Access to the records and files of the office relating to any complaint or investigation made pursuant to the Long-Term Care Ombudsman Act shall be permitted only at the discretion of the state long-term care ombudsman, except that the identity of any complainant, witness, or resident shall not be disclosed by such ombudsman except:(a) When disclosure is authorized in writing by such complainant, witness, resident, or resident representative; or(b) Upon court order.Source   Laws 1992, LB 677, § 24;   Laws 1996, LB 1044, § 886;  Laws 2007, LB296, § 773;  Laws 2018, LB903, § 22.
NE Code § 81-2261 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2261 - Department; duties.

81-2261.  Department; duties.The department shall ensure that:(1) No individual involved in the designation of the state long-term care ombudsman has a pecuniary or other interest in a long-term care facility;(2) No state long-term care ombudsman or ombudsman advocate has a pecuniary or other interest in a long-term care facility;(3) Mechanisms are in place to identify and remedy all such or other similar conflicts; and(4) The office has the ability to pursue administrative, legal, and other appropriate remedies on behalf of residents.Source   Laws 1992, LB 677, § 25;  Laws 2018, LB903, § 23.
NE Code § 81-2262 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2262 - Local long-term care ombudsman program and certified individual; treatment.

81-2262.  Local long-term care ombudsman program and certified individual; treatment.Any local long-term care ombudsman program or any individual certified by the office, whether an employee of the program or office or an unpaid volunteer of the program or office, shall be treated as a representative of the office.Source   Laws 1992, LB 677, § 26;  Laws 2018, LB903, § 24.
NE Code § 81-2263 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2263 - State long-term care ombudsman and ombudsman advocate; immunity from liability; legal counsel.

81-2263.  State long-term care ombudsman and ombudsman advocate; immunity from liability; legal counsel.No state long-term care ombudsman or ombudsman advocate shall be liable for the good faith performance of official duties pursuant to the Long-Term Care Ombudsman Act. Pursuant to the Older Americans Act, the department shall ensure that adequate legal counsel is available to the office for advice and consultation and that legal representation is provided to any state long-term care ombudsman or ombudsman advocate against whom any legal action is brought in connection with his or her official duties.Source  Laws 1992, LB 677, § 27.
NE Code § 81-2264 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2264 - Interference with lawful actions; institution of certain proceedings; prohibited; department; sanctions.

81-2264.  Interference with lawful actions; institution of certain proceedings; prohibited; department; sanctions.(1) No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility by an individual certified pursuant to section 81-2253 who identifies himself or herself and presents his or her credentials to the individual in charge of the long-term care facility.(2) No person shall institute discriminatory, disciplinary, or retaliatory action against any officer or employee of a long-term care facility or governmental agency or against any resident, resident representative, or family member of a resident for any communications by him or her with the office or for any information given or disclosed by him or her in good faith to aid the office in carrying out its duties and responsibilities.(3) The department shall implement mechanisms to prohibit, and investigate allegations of, interference, retaliation, and reprisals:(a) By a long-term care facility, another entity, or an 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(b) By a long-term care facility, another entity, or an individual against the ombudsman or representatives of the office for fulfillment of their functions, responsibilities, or duties.(4) The department shall provide for appropriate sanctions with respect to such interference, retaliation, and reprisals if verified by such investigation.Source   Laws 1992, LB 677, § 28;  Laws 2018, LB903, § 25.
NE Code § 81-2268 (2021)
2021 Nebraska Revised Statutes|Chapter 81 - State Administrative Departments|81-2268 - Medicaid waiver funds; use authorized.

81-2268.  Medicaid waiver funds; use authorized.Services identified by care plans for those eligible for medical assistance whose care needs are appropriate for nursing facilities but whose needs can be met outside a nursing facility may be purchased with medicaid waiver funds available through the home and community-based waiver for the aged and disabled administered by the Department of Health and Human Services.Source   Laws 1993, LB 801, § 4;   Laws 1996, LB 1044, § 890;  Laws 2007, LB296, § 776.