2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 37 - Commonwealth of Puerto Rico Ombudsman for the Elderly Act (§§ 721 — 736) › § 728 - Functions, powers, and duties of the Ombudsman

In order to fulfill the purposes of this chapter, the Ombudsman shall have, but not be limited to, the following functions, powers, and duties:
(a) To receive, address, investigate, process, settle, and adjudicate complaints for any actions and inactions that violate the rights of the elderly, deny them benefits and opportunities to which they are entitled, and affect benefit programs; and grant the appropriate legal remedies, as well as direct that corrective actions be taken by any natural or juridical person, or any agency, private entity or institution that denies, hinders, violates or affects the rights and benefits of the elderly.
(b) To take measures for the processing of claims that help to achieve the purposes of this chapter, including legal counsel or other expertise or support service to process these claims. For such purposes, the Ombudsman may, at his/her discretion, furnish, directly or through contracting or referral, legal, professional, medical, expert, or technical services or appear on behalf and in representation of the elderly persons who are eligible to obtain a benefit or right under the laws and regulations of the Commonwealth of Puerto Rico or under municipal ordinances and federal laws, before any court, administrative or mediation forum, board, commission, or office.
(c) To conduct investigations on his/her own motion or in connection with the complaints he/she is investigating; obtain information as pertinent; hold administrative hearings, and conduct on-site inspections. Hearings held before the office shall be public, unless by reason of public interest a private hearing is warranted.
(d) To adopt rules and regulations as are necessary to achieve the purposes of this chapter.
(e) To administer oaths and take statements by him/herself or through his/her authorized representatives.
(f) To examine records, inventories, documents, and facilities of the agencies or private entities when deemed pertinent and necessary to an investigation or complaint under his/her consideration. In this respect, the Ombudsman or his/her representatives shall have access to examine any document or register, even those existing in long-term care establishments, which include the social history and medical care of their elderly residents, except when the elderly person by him/herself or through his/her legal representative or guardian objects thereto, provided, that the resident is not at risk. The person in charge of the establishment may also be required to furnish documents attesting that the licensing requirements are met and that it holds the certificates issued by agencies or private entities that guarantee that the elderly are receiving attention and care by certified personnel.
(g) To summon witnesses to appear or make statements, require the presentation or reproduction of any papers, books, documents, and other evidence relevant to an investigation or complaint under his/her consideration.
(h) When a duly summoned witness fails to appear to testify or provide the evidence so required, or refuses to answer any question or allow the examination requested pursuant to the provisions of this chapter, the Ombudsman may require by him/herself or may resort to any Court of First Instance to obtain the required assistance, statement, reproduction of evidence or examination of documents. For such purposes, the Secretary of Justice shall provide the Ombudsman with the necessary legal assistance therefor. The provisions of §§ 591 et seq. of this title, shall apply when furnishing testimony or information or when conducting the examination.
(i) To impose and collect administrative fines up to a maximum of ten thousand dollars ($10,000) for actions or inactions that violate the rights of the elderly covered under the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, and the laws of the Commonwealth of Puerto Rico, and he/she may fix compensation for damages caused, when the case so warrants.
(j) To impose on the non-prevailing party in a quasi-judicial proceeding the obligation to pay attorney’s fees and costs, when applicable as provided by law.
(k) To appoint Assistant Ombudsmen and/or Hearing Officers, in accordance with the regulations, to achieve the purposes of this chapter.
(l) To receive, investigate, and settle complaints from elderly persons residing in long-term establishments, or complaints that have been filed on behalf of said elderly persons.
(m) To establish procedures as are necessary to receive and process complaints and conduct investigations by him/herself or through his/her representatives.
(n) To investigate administrative actions or inactions of long-term care establishments and providers that render services to the elderly at said establishments that are inconsistent with the rights guaranteed to such citizens under the provisions of §§ 341 et seq. of Title 8, known as the “Bill of Rights of the Aged Person of Puerto Rico”.
(o) To file not later than January 31st of every year, a complete and detailed report with the Governor and the Legislative Assembly of the Commonwealth of Puerto Rico on his/her achievements, petitions, filed and addressed complaints, statistical data, use of resources, and activities carried out by the Office during the fiscal year preceding the date of filing.
(p) To guarantee the confidentiality of all documents obtained and examined in the course of the investigation and processing of a complaint filed under this chapter and the provisions of applicable federal and Commonwealth laws. The confidentiality of complainants, witnesses, patients, or residents shall be guaranteed until the authorization to disclose information is obtained from said complainants, witnesses, patients, residents, or their legal representatives or guardians. Neither the Ombudsman nor his/her representatives may be compelled to testify on information obtained in the course of an investigation, except when they can be legally compelled to do so by competent judicial forums.
(q) Any other function deemed necessary for the implementation of this chapter. It is hereby declared that interference by any natural or juridical person with the functions germane to the office of Ombudsman and his/her representatives shall be unlawful. It shall also be unlawful for any person on his/her own motion or in representation of a long-term care establishment to retaliate, discriminate, or penalize a resident, patient, or employee of said establishment for having filed a complaint or having furnished information to the Ombudsman or his/her representative. In addition, neither the Ombudsman nor his/her representatives shall be held civilly or criminally liable in the bona fide discharge of their functions pursuant to the provisions of this chapter and the provisions for such office in Public Law 89-73 of July 14, 1965, as amended, known as the “Older Americans Act of 1965”.
Lastly, it is hereby declared that the functions and duties of the office of the Long-Term Care Ombudsman shall befall simultaneously within the office of the Ombudsman, pursuant to the requirements and provisions of Public Law No. 89-73 of July 14, 1965, as amended, known as the “Older Americans Act of 1965.”
History —July 24, 2013, No. 76, § 9.