2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 17 - Long-Term Care Ombudsman › Section 28-17-4 - Establishment of the office of the state long-term care ombudsman; general duties of the office.

A. Pursuant to the Older Americans Act, the agency shall establish and operate an "office of the state long-term care ombudsman" either directly or by contract or other arrangement with any public agency or nonprofit private organization; except that no contract or arrangement may be made with any entity that is responsible for licensing or certifying long-term care services or an association or association affiliate of long-term care facilities or of any other residential facilities.
B. The director shall designate the state ombudsman.
C. The ombudsman shall serve on a full-time basis, and shall, personally or through representatives of the office:
(1) identify, investigate and resolve complaints that are made by, or on behalf of, residents and that 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;
(2) provide services to assist the residents in protecting the health, safety, welfare and rights of the residents;
(3) inform the residents about means of obtaining services;
(4) ensure that the residents have regular and timely access to the services provided through the office and that the residents and complainants receive timely responses from representatives of the office;
(5) represent the interests of the residents before governmental agencies and seek administrative, legal and other remedies on behalf of residents to protect the health, safety, welfare and rights of the residents;
(6) provide administrative and technical assistance to designated regional and local ombudsman programs and assist the programs in participating in the program;
(7) analyze, comment on and monitor the development and implementation of federal, state and local laws, regulations and other governmental policies and actions that pertain to the health, safety, welfare and rights of the residents, with respect to the adequacy of long-term care facilities and services in the state and recommend any changes in such laws, regulations, policies and actions as the office determines to be appropriate; and facilitate public comment on the laws, regulations, policies and actions;
(8) provide for training representatives of the office, promote the development of citizen organizations to participate in the program and provide technical support for the development of resident and family councils to protect the well-being and rights of residents;
(9) prepare an annual report:
(a) describing the activities carried out by the office in the year for which the report is prepared;
(b) containing and analyzing the data collected;
(c) evaluating the problems experienced by, and the complaints made by or on behalf of, residents;
(d) containing recommendations for improving quality of the care and life of the residents, and protecting the health, safety, welfare and rights of the residents;
(e) analyzing the success of the program, including success in providing services to residents of board and care facilities and other similar adult care facilities;
(f) identifying barriers that prevent the optimal operation of the program; and
(g) providing policy, regulatory and legislative recommendations to solve identified problems, to resolve complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare and rights of residents and to remove the barriers;
(10) coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illness;
(11) provide such information as the office determines to be necessary to public and private agencies, legislators and other persons regarding the problems and concerns of older individuals residing in long-term care facilities; and recommendations related to the problems and concerns; and
(12) carry out such other activities as the state ombudsman determines to be appropriate.
History:
Laws 1989, ch. 208, § 4; 1997, ch. 257, § 3.
ANNOTATIONS
Cross references.
— For the federal Older Americans Act,
see
42 U.S.C. § 3001 et seq.
The 1997 amendment,
effective July 1, 1997, in Subsection A, deleted "either directly or by contract or other arrangement" following "operate" and added the language beginning with that phrase at the end; and rewrote Subsection C.