Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:210 - Kentucky Long-term Care Ombudsman Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.201,
				209.030(5),
				216.535,
				216.540-216.543,
				42 U.S.C.
				3001 et seq.
NECESSITY, FUNCTION, AND CONFORMITY:
				42 U.S.C.
				3001 et seq., the Older Americans Act of
				1965, as amended, requires states to establish and operate, either directly or
				by contract, a long-term care ombudsman program to protect the rights of older
				individuals.
				KRS
				194A.050 requires the secretary for the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to implement programs mandated by federal law.
				KRS
				205.204 designates the Cabinet for Health and
				Family Services as the state agency to administer the Older Americans Act of
				1965, as amended, in Kentucky. This administrative regulation establishes a
				statewide Long-term Care Ombudsman Program.
Section
			 1. Definitions.
(1) "Access"
			 means the right to enter a long-term care facility, meet with the residents,
			 and review the records of a resident.
(2) "Administrator" means any person charged
			 with the general administration or supervision of a long-term care facility
			 without regard to whether the person has an ownership interest in the facility
			 or to whether the person's functions and duties are shared with one (1) or more
			 other persons.
(3) "Case" means
			 each inquiry brought to, or initiated by, the ombudsman on behalf of a resident
			 or group of residents involving one (1) or more complaints and includes an
			 ombudsman investigation or strategy to resolve and follow-up.
(4) "Certification" means the official
			 notification by the Kentucky long-term care ombudsman that local long-term care
			 ombudsman individual staff are qualified and acceptable to function in that
			 capacity.
(5) "Complaint" means an
			 allegation filed by residents or on behalf of residents relating to the health,
			 safety, welfare, and rights of a resident.
(6) "Complaint resolution" means either
			 corrective action taken in regard to an allegation or a determination as to the
			 validity of the allegation.
(7)
			 "Complaint verification" means a determination through investigative means that
			 allegations relating to the health, safety, welfare, and rights of a patient
			 are generally accurate.
(8) "DAIL"
			 means the Department for Aging and Independent Living.
(9) "Designation" means formal notification
			 by the Kentucky long-term care ombudsman that a district program meets
			 requirements and shall be considered a subdivision of the state
			 office.
(10) "Designee" means an
			 individual who is chosen to act on behalf of the KLTCO and who meets the same
			 qualifications as the KLTCO pursuant to Section 8 of this administrative
			 regulation.
(11) "District
			 ombudsman" means that individual certified by the Kentucky long-term care
			 ombudsman to implement the ombudsman provisions of the approved contract agency
			 plan.
(12) "Educational or
			 experiential equivalent" means:
(a) Two (2)
			 semesters totaling at least twenty-four (24) hours of course work;
			 and
(b) At least 400 documented
			 hours of experience assisting aging or disabled individuals through:
1. Practicum placement;
2. Clinicals; or
3. Volunteerism.
(13) "Evaluation" means periodic
			 analysis and review conducted by the Kentucky long-term care ombudsman of
			 district, regional, and state ombudsman programs, including quality assurance
			 and outcome measures pertaining to individual and programmatic
			 performance.
(14) "Friendly
			 visitor" means a trained non-certified volunteer who visits residents in
			 long-term care facilities to assist the district long-term care ombudsman
			 program.
(15) "Investigation" means
			 the formal response by a long-term care ombudsman to complaints of issues
			 involving the health, safety, welfare, and rights of a resident.
(16) "Kentucky long-term care ombudsman" or
			 "KLTCO" means the individual charged with the administration of the Kentucky
			 Long-term Care Ombudsman Program under the provisions of the Older Americans
			 Act of 1965, as amended.
(17) "Long
			 term care facility" is defined by
			 KRS
			 216.510(1).
(18) "Monitoring" means periodic review
			 measuring ombudsman program's adherence to approved plans, including analysis
			 of non-client specific data relating to program performance.
(19) "Referral" means the appropriate
			 channeling of information so as to effect a desired outcome.
(20) "Regional long-term care ombudsman"
			 means ombudsmen who operate directly from the Kentucky Long-term Care Ombudsman
			 Program and whose responsibilities include coordination of a multi-area
			 development district area.
(21)
			 "Resident representative" is defined by
			 45
			 C.F.R 1324.1.
(22) "Volunteer ombudsman" means a certified
			 unpaid individual serving within a district program to assist a district
			 ombudsman.