Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-4 - Duties of the state ombudsman; independence

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3; IC
				  12-10-13-17
Affected: IC 12-10
Sec. 4.
(a) The state
				ombudsman shall, in consultation with the director of the state unit on aging,
				direct the office of the long term care ombudsman program.
(b) The state ombudsman shall, personally or
				through representatives of the office, perform the following duties:
(1) Identify, investigate, resolve, or
				attempt to resolve complaints by or on behalf of residents and
				clients.
(2) Provide services to
				protect the health, safety, welfare, and rights of residents, including, but
				not limited to:
(A) Information and referral
				services.
(B) Education and
				training for residents, their family members, staff of long term care
				facilities, and the public. These services may be provided by dissemination of
				written information, presentations, workshops, individual meetings with
				residents or their family members, or any other appropriate
				means.
(3) Inform
				residents, family members, long term care facility staff, and the public about
				ombudsman program services, how residents can access those services, or how
				services can be accessed on behalf of residents.
(4) Inform residents about the means of
				obtaining services provided through providers of long term care services or
				their representatives, public agencies, and health and social service
				agencies.
(5) Ensure that residents
				statewide have regular and timely access to representatives of the office
				through resident visits.
(6) Ensure
				that complainants, clients, and residents receive timely responses to
				complaints and requests for assistance.
(7) Advocate on behalf of residents in the
				following nonexclusive ways:
(A) Identify
				problems affecting residents at the facility, local, state, or national levels
				and attempt to resolve those problems.
(B) Identify problems in the long term care
				system and advocate for changes to that system.
(C) Represent the interests of residents
				before governmental agencies.
(D)
				Analyze, comment on, provide public testimony, and monitor the development and
				implementation of proposed or existing federal, state, and local laws,
				regulations, government policies, and actions that affect residents.
(E) Facilitate public comment.
(8) Seek administrative, legal,
				and other remedies to protect the health, safety, welfare, and rights of
				residents.
(9) Designate and
				dedesignate local ombudsman entities and representatives of the office in
				accordance with this rule.
(10)
				Consult in the development of the contract between the division and the local
				ombudsman entity regarding that portion of any contract related to the
				ombudsman program.
(11) Direct the
				program related activities of the local ombudsmen in consultation with the
				local ombudsman entity. The state ombudsman shall, in consultation with the
				local ombudsman entity, provide oversight to the work of the local ombudsmen.
				(12) Provide administrative and technical assistance to representatives of the
				office and local ombudsman entities.
(13) Monitor and evaluate the activities and
				performance of representatives of the office and local ombudsman entities in
				accordance with this rule.
(14)
				Consult with the following agencies or programs:
(A) The Indiana department of
				health.
(B) The adult protective
				services program.
(C) The Indiana
				protection and advocacy services.
(D) Other state agencies and programs whose
				duties and services affect residents.
(15) Provide technical support for the
				development and maintenance of resident and family councils.
(16) Promote the development of citizen
				organizations to participate in the program.
(17) Prepare an annual report in accordance
				with the Older Americans Act.
(18)
				Ensure that the confidentiality of program records is maintained in accordance
				with this rule.
(19) Identify
				duties to be performed by volunteer ombudsmen in consultation with the local
				ombudsman, local ombudsman entity, and the division.
(20) Perform other duties the federal
				commissioner on aging determines to be appropriate.