Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.04 - Responsibilities of Agency in the Administration of the Ombudsman Program

Current through Register 1525, July 5, 2024
EOHHS, as the state agency responsible for establishing and
				assessing the independent Ombudsman Program, will:
(1) ensure the State Ombudsman complies with
			 all relevant provisions of
			 42 U.S.C.
			 3001
et seq
, and associated
			 regulations, including
			 42 U.S.C.
			 3058g, 45 CFR §§ 1321 and 1324, and
			 M.G.L. c. 6, § 16CC;
(2)
			 ensure the Ombudsman Program has sufficient authority and access to facilities,
			 residents, and information needed to fully perform all the functions,
			 responsibilities, and duties of the Ombudsman Program;
(3) provide training opportunities, or ensure
			 such opportunities are available, for the State Ombudsman and ombudsman
			 representatives, to maintain expertise to serve as effective advocates for
			 residents;
(4) provide personnel
			 supervision and management for the State Ombudsman and ombudsman
			 representatives who are employees of EOHHS. Such management will include an
			 assessment of whether the Ombudsman Program is performing all of its functions
			 under
			 42 U.S.C.
			 3001
et seq
, and associated
			 regulations, as well as M.G.L. c. 6, § 16CC;
(5) monitor the Ombudsman Program for quality
			 and effectiveness, as required by
			 45 CFR §
									1321.11(b). Such monitoring
			 will include fiscal monitoring and an assessment of whether the Ombudsman
			 Program is performing all functions, responsibilities, and duties set forth in
			 45
			 CFR §§
									1324.13 and
			 1324.19.
			 EOHHS may make reasonable requests for reports, including aggregated data
			 regarding Ombudsman Program activities, to meet the requirements of this
			 provision;
(6) ensure the files,
			 records, or other information maintained by the Ombudsman Program are protected
			 from disclosure consistent with the limitations set forth in 101 CMR 30.15,
			 45
			 CFR §§
									1324.11(e)(3), and
			 1324.13(e);
(7) integrate the goals and objectives of the
			 Ombudsman Program into the state plan and coordinate the goals and objectives
			 of the Ombudsman Program with those of other programs established under Title
			 VII of the Older Americans Act and other state elder rights, disability rights,
			 and elder justice programs, to promote collaborative efforts and diminish
			 duplicative efforts;
(8) provide
			 elder rights leadership, including by requiring the coordination of Ombudsman
			 Program services with the activities of other elder rights programs with
			 responsibilities relevant to the health, safety, wellbeing, or rights of older
			 adults, including residents, as set forth in
			 45
			 CFR §
									1324.13(h);
(9) provide mechanisms to prohibit and
			 investigate allegations of willful interference, retaliation, and reprisals
(a) by a facility, other entity, or
			 individual with respect to a resident, complainant, employee, or other person
			 for filing a complaint with, providing information to, or otherwise cooperating
			 with any representative of the Ombudsman Program; or
(b) by a facility, other entity, or
			 individual against the State Ombudsman or ombudsman representatives while
			 fulfilling their functions, responsibilities, or duties;