reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-233 - Office of the State Long-Term Care Ombudsman policies and procedures

Current through Vol. 41, No. 20, July 1, 2024
Per the Older Americans Act of 1965, as Amended, the
					 Office of the State Long-Term Care Ombudsman (Office) is established within the
					 Oklahoma Department of Human Services (DHS) to carry out a statewide Long-Term
					 Care Ombudsman Program (Program) under DHS direct supervision and
					 administration.
(1) Office consists of
				  the State Long-Term Care Ombudsman (Ombudsman) and program and support
				  staff.
(2) Specific staffing
				  requirements for each area Program are in accordance with DHS administrative
				  and funding procedures.
(3) The
				  area entity designated to provide ombudsman services must provide an adequate
				  allocation of funds to operate the local program. Costs incurred include, but
				  are not limited to:
(A) reimbursement of
				  ombudsman supervisors' and ombudsman volunteers' travel costs, including travel
				  to and from assigned facilities and required meetings;
(B) identification badges; and
(C) incidental costs related to trainings and
				  meetings including awards and certificates.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-233.1 - Grievance process

Current through Vol. 41, No. 20, July 1, 2024
The Office of the State Long-Term Care Ombudsman (Office)
					 per Part 1327.11 of Title 42 of the Code of Federal Regulations establishes a
					 grievance process for the receipt and review of grievances regarding the
					 determinations or actions of the State Long-Term Care Ombudsman (Ombudsman) and
					 Office representatives.
(1) Long-term
				  care residents or legal representatives of residents who lack capacity to
				  provide informed consent may ask the Ombudsman to review and reconsider
				  complaint findings of designated representatives by submitting a request in
				  writing or verbally to the Ombudsman or deputy ombudsman within 30-calendar
				  days of the completion of an investigation. The Ombudsman or deputy ombudsman:
(A) completes a record review within
				  30-calendar days of the formal request;
(B) determines if the representative followed
				  complaint processes per Oklahoma Administrative Code (OAC)
				  340:105-11-237
				  and 340:105-11-237.1;
(C) places
				  notation in the case record of his or her findings, initiates any needed action
				  for resolution, and completes any warranted changes to the case documentation;
				  and
(D) provides a copy of the
				  findings to the resident or the resident's legal representative.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-234 - Designation of area programs and area representatives including staff and volunteers

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of
				  the State Long-Term Care Ombudsman (Office) officially designates agencies
				  serving as area or local subdivisions of the Office through an annual
				  designation process, per Oklahoma Department of Human Services (DHS)
				  administrative funding procedures.
(1) Area
				  program staff and volunteer representatives are officially designated in
				  writing by the State Long-Term Care Ombudsman (Ombudsman).
(2) Designation as an Office representative:
(A) for area staff is based on criteria
				  necessary for satisfactory performance including, but not limited to:
(i) being free from any conflict of interest
				  as defined by this rule and in compliance with federal and state statutes; and
				  does not stand to gain financially through an action or potential action
				  brought on behalf of the residents he or she serves;
(ii) meeting minimum Office job
				  qualifications and screening standards; and
(iii) satisfactorily completing training
				  prescribed by the Ombudsman; and
(B) as an ombudsman volunteer is accomplished
				  through a designation process, and is based on the individual meeting criteria
				  necessary to satisfactory performance in the position including, but not
				  limited to, the person:
(i) being free from
				  any conflict of interest as required by statute and defined by this Part and he
				  or she does not stand to gain financially through an action or potential action
				  brought on behalf of residents the ombudsman serves;
(ii) meets screening criteria set in this
				  Part;
(iii) satisfactorily
				  completes training prescribed by the Ombudsman; and
(iv) completes and signs:
(I) Form 02OM003E, Ombudsman Volunteer
				  Application, agreeing to accept supervision and follow Program rules and
				  guidelines; and
(II) the Registry
				  and criminal history record checkconsent and release form for the Oklahoma
				  National Fingerprint Background Check Program , authorizing the Office to
				  conduct a national fingerprint background and registry checks.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-234.1 - Responsibilities of agencies hosting local ombudsman representatives

Current through Vol. 41, No. 20, July 1, 2024
(a) The designated entity in which a local
				  Office of the State Long-Term Care Ombudsman (Office) Program (Program) is
				  organizationally-located is responsible for the personnel management, but not
				  programmatic oversight of Office representatives including employees and
				  volunteer representatives.
(b) The
				  designated entity in which a local program is organizationally located does not
				  have personnel policies or practices that prohibit Office representatives from
				  performing the duties or from adhering to the access, confidentiality, and
				  disclosure requirements of federal and state laws and regulations.
(1) Host agencies may not have policies,
				  procedures, or practices including personnel management practices that the
				  State Long-Term Care Ombudsman (Ombudsman) determines conflictive with the laws
				  or policies governing the Program.
(2) Any policy, procedure, or practice the
				  Ombudsman determines to be in violation of federal or state laws and
				  regulations is sufficient grounds for the refusal, suspension, or removal of
				  the designation of local ombudsman entity by the Ombudsman.
(3) Nothing in this provision prohibits the
				  host agency from requiring that Office representatives adhere to the personnel
				  policies and procedures of the agency that are otherwise lawful.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-234.2 - Duties of representatives of the Office of the State Long-Term Care Ombudsman (Office)

Current through Vol. 41, No. 20, July 1, 2024
The State Long-Term Care Ombudsman (Ombudsman) may
					 designate an entity as a local ombudsman entity and may designate an employee
					 or volunteer of the local ombudsman entity as an Office representative. Office
					 representatives may also be designated employees or volunteers within the
					 Office. An individual designated as an Office representative per Oklahoma
					 Department of Human Services (DHS) and Office policies and procedures:
(1) identifies, investigates, and resolves
				  complaints made by or on behalf of residents that relate to action, inaction,
				  or decisions that may adversely affect the health, safety, welfare, or rights
				  of the residents;
(2) provides
				  assistance to protect the health, safety, welfare, and rights of
				  residents;
(3) ensures residents in
				  the local ombudsman entity service area have regular and timely access to the
				  services provided through the State Long-Term Care Ombudsman Program and that
				  residents and complainants receive timely responses to requests for information
				  and complaints;
(4) represents the
				  interests of residents before government agencies and ensures individual
				  residents have access to and pursue, as the representative determines necessary
				  and consistent with resident interest, administrative, legal, and other
				  remedies to protect the health, safety, welfare, and rights of the
				  residents;
(5) reviews, and when
				  necessary, comments on any existing and proposed laws, regulations, and other
				  government policies and actions pertaining to residents' rights and
				  well-being;
(6) facilitates public
				  comment on the laws, regulations, policies, and actions;
(7) promotes and provides technical support
				  for development and ongoing support when requested by resident and family
				  councils; and
(8) carries out other
				  activities the Ombudsman determines to be appropriate.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-235 - Conflict of interest

Current through Vol. 41, No. 20, July 1, 2024
(a) An officer,
				  employee, volunteer, or other representative of the Office of the State
				  Long-Term Care Ombudsman (Office) may not be subject to a conflict of interest
				  that has the potential to impair his or her official duties in an impartial
				  manner and may not stand to gain financially through an action or potential
				  action brought on behalf of persons the State Long-Term Care Ombudsman Program
				  (Program) serves.
(b) A conflict of
				  interest exists when any organizational or supervisory relationship, policy,
				  action, or individual ombudsman's personal relationship, immediate familial
				  relationship, or action conflicts with or impairs his or her responsibilities
				  to investigate, resolve, or refer complaints or otherwise advocate for
				  long-term care facility residents.
(c) No persons involved in the designation of
				  the State Long-Term Care Ombudsman (Ombudsman), by appointment or otherwise, or
				  the designation of the head of any designated entity may be subject to a
				  conflict of interest.
(d) Freedom
				  from conflict of interest is established through interview of prospective
				  Ombudsman staff and volunteers and through a signed statement in a form
				  prescribed by the Office and other appropriate means.
(e) Persons listed in this paragraph must
				  complete and sign Form 02OM001E, Conflict of Interest Statement and Ethical
				  Guidelines, annually and when there is any change of facility or area
				  assignment by:
(1) prospective and current
				  Office staff;
(2) prospective and
				  current ombudsman volunteers; and
(3) any other person involved in the direct
				  operation of the Program.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-235.1 - Organizational conflict of interest

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  Oklahoma Department of Human Services (DHS) and the Office of the State
				  Long-Term Care Ombudsman (Office) State Long-Term Care Ombudsman (Ombudsman)
				  consider the organizational conflicts that may impact the effectiveness and
				  credibility of the work of the Office. Organizational conflicts of interest
				  include, but are not limited to, placement of the Office or requiring that an
				  Ombudsman or Office representative perform conflicting activities in an
				  organization that:
(1) is responsible for
				  licensing, surveying, or certifying long-term care facilities;
(2) is an association or an affiliate of such
				  an association, of long-term care facilities or of any other residential
				  facilities for older individuals or individuals with disabilities;
(3) has ownership or investment interest,
				  represented by equity, debt, or other financial relationship in, or receives
				  grants or donations from, a long-term care facility;
(4) has governing board members with any
				  ownership, investment, or employment interest in long-term care
				  facilities;
(5) provides long-term
				  care to residents of long-term care facilities including the provision of
				  personnel for long-term care facilities or the operation of programs that
				  control access to or services for long-term care facilities;
(6) provides long-term care coordination or
				  case management for residents of long-term care facilities;
(7) sets reimbursement rates for long-term
				  care facilities;
(8) provides adult
				  protective services;
(9) is
				  responsible for eligibility determinations for residents of long-term care
				  facilities regarding Medicaid or other public benefits;
(10) conducts preadmission screening for
				  long-term care facility placements;
(11) makes admission or discharge decisions
				  for individuals to or from long-term care facilities; or
(12) provides guardianship, conservatorship,
				  or other fiduciary or surrogate decision-making services for residents of
				  long-term care facilities.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-236 - Conflict of interest remedies

Current through Vol. 41, No. 20, July 1, 2024
(a)
Volunteers.
When a conflict of interest is identified before
				  designation, the volunteer is not certified in any facility in which the
				  conflict of interest could be expected to affect performance. When a conflict
				  of interest or potential conflict of interest involving a certified volunteer
				  is identified, the ombudsman supervisor promptly notifies the Office of the
				  State Long-Term Care Ombudsman (Office) to recommend withdrawal of designation,
				  reassignment of the volunteer, or other appropriate action.
(b)
Paid ombudsman
				  representatives.
No applicant for a paid ombudsman position, at any
				  level of the program, is selected to fill that position when a conflict of
				  interest is identified during any stage of the application or hiring process.
				  When a conflict of interest or potential conflict of interest is identified
				  involving a designated representative, action must be taken to remedy the
				  conflict within 30 -calendar days. Remedies may range from elimination of the
				  conflict to withdrawal of the individual's designation.
(c)
Directors of sponsoring agencies
				  and designated entities.
When a conflict of interest or potential
				  conflict of interest is identified action must be taken to remedy the conflict
				  of interest within 30-calendar days. Remedies may include:
(1) removal or resolution of the conflict of
				  interest;
(2) withdrawal of the
				  agency's designation as an area ombudsman entity;
(3) withdrawal of designation of the agency
				  as an Area Agency on Aging; or
(4)
				  other reasonable action.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-237 - Complaint investigation

Current through Vol. 41, No. 20, July 1, 2024
The State Long-Term Care Ombudsman Program (Program)
					 complaint mechanism functions at all levels with procedures for receipt,
					 investigation, and resolution of problems and complaints.
(1) The Office of the State Long-Term Care
				  Ombudsman (Office) staff:
(A) receive
				  complaints from all sources, including referrals from enforcement agencies and
				  complaints from area ombudsman programs;
(B) refer complaints to area ombudsman
				  supervisors when appropriate;
(C)
				  investigate complaints directly or with ombudsman supervisors;
(D) refer unresolved formal complaints to a
				  regulatory or law enforcement agency, when appropriate;
(E) assist other agencies in complaint
				  resolution;
(F) follow-up on
				  complaint resolution and closure; and
(G) may decline to investigate any complaint
				  when:
(i) the complaint is frivolous or not
				  made in good faith;
(ii) the
				  complaint was made so long after the incident that it is no longer reasonable
				  to conduct an investigation;
(iii)
				  an adequate investigation cannot be conducted because of insufficient funds,
				  insufficient staff, lack of staff expertise, or any other reasonable factor
				  that would result in an inadequate investigation despite a good faith effort;
				  or
(iv) an investigation by the
				  Office would create a real or apparent conflict of interest.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-237.2 - Complaint investigation timeframes

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  All complaints investigated by a designated ombudsman require a face-to-face
				  visit with the resident the complaint involves. The time frames for the initial
				  attempt at a face-to-face visit must occur within five business days of the
				  receipt of the complaint unless:
(1) the
				  complaint includes an allegation of abuse, neglect, or exploitation; then the
				  time frame for initial face-to-face contact with resident occurs within three
				  business days; or
(2) the complaint
				  involves an actual or threatened discharge from a facility, the time frame for
				  initial face-to-face contact with resident is no later than the last day the
				  resident has a right to appeal the discharge or within five business days,
				  whichever comes first.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-238 - Systems Advocacy, monitoring laws, regulations, and policies

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of the State Long-Term Care
				  Ombudsman (Office) is required and authorized to:
(1) analyze, comment on, and monitor the
				  development and implementation of federal, state, and local laws, regulations,
				  and other government policies and actions that pertain to long-term care
				  facilities and services;
(2)
				  monitor the health, safety, welfare, and rights of residents; and
(3) recommend changes in such laws,
				  regulations, and policies as the Office determines appropriate.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-239 - Provision of information

Current through Vol. 41, No. 20, July 1, 2024
The Office of the State Long-Term Care Ombudsman (Office),
					 State Long-Term Care Ombudsman (Ombudsman), and designated staff provide
					 information to public and private agencies, legislators, the media, and other
					 persons regarding the problems and concerns of residents and recommendations
					 related to the problems and concerns. The provision of information includes,
					 but is not limited to:
(1) Office
				  staff:
(A) developing administrative and
				  legislative proposals as needed, relating to significant problems of residents
				  in long-term care facilities, based on complaint investigation data and other
				  sources;
(B) developing working
				  relationships with state legislators and policy makers in order to inject
				  concerns of long-term care facility residents directly into the policy making
				  process;
(C) providing information
				  on conditions affecting and the needs of long-term care facility residents,
				  upon request, to individuals, agencies, organizations, and others;
				  and
(D) meeting at least quarterly
				  with the State Council on Aging's Advisory Committee for the State Long-Term
				  Care Ombudsman Program (Program) to discuss Program operation, issues affecting
				  the population served by the Program, and strategies to address identified
				  concerns.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-240 - Training

Current through Vol. 41, No. 20, July 1, 2024
The Office of the State Long-Term Care Ombudsman (Office)
					 prohibits investigation of any complaint by Office staff or an ombudsman
					 volunteer, unless the person satisfactorily completed training required by the
					 Office, and is approved by the State Long-Term Care Ombudsman (Ombudsman) as
					 qualified to investigate complaints.
(1) Office staff:
(A) orients and trains ombudsman staff
				  representatives and determines satisfactory completion of prescribed
				  training;
(B) develops and
				  periodically updates training core curriculum;
(C) assists area ombudsman staff train
				  ombudsman volunteers,;
(D) provides
				  on a quarterly basis, a minimum of 40 hours of continuing education and
				  training to ombudsman supervisors per year;
(E) provides community education with area
				  staff;
(F) officially certifies
				  newly - trained, ombudsman volunteers who met screening criteria; and
(G) assists in the development of citizen
				  organizations to participate in the State Long-Term Care Ombudsman
				  Program.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-241 - Assistant Secretary for Aging's initiatives

Current through Vol. 41, No. 20, July 1, 2024
(a) The State Agency implements any
				  additional program requirements deemed necessary by the Assistant Secretary for
				  Aging and provides guidelines for the Area Agencies on Aging (AAAs) for
				  implementation of such additional requirements.
(b) The AAAs or other designated local
				  ombudsman entity complies with such additional requirements initiated by the
				  Assistant Secretary for Aging, based on guidelines provided by the State
				  Agency.
Added at 9 Ok Reg
					 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-242 - Access

Current through Vol. 41, No. 20, July 1, 2024
(a)
Access to facilities and
				  residents.
The Office of the State Long-Term Care Ombudsman (Office)
				  procedures for access to long-term care facilities and facility residents are
				  in Sections 1-829-F,
				  1-1902,
				  1-1919,
				  and 1-2213-D of Title 63 of the Oklahoma Statutes. An Office or local
				  ombudsman, as that term is defined by Oklahoma Department of Human Services
				  Aging Services, is authorized to enter any facility licensed per the Oklahoma
				  Nursing Home Care Act, the Oklahoma Residential Care Act, and the Continuum of
				  Care and Assisted Living Act to communicate privately and without unreasonable
				  restriction with any resident who consents to the communication, to seek
				  consent to communicate, and to observe all areas of the facility that directly
				  pertain to the care of the resident, without infringing upon the privacy of
				  other residents without their consent.
(1)
				  Area ombudsman staff and trained, designated ombudsman volunteers have the same
				  right of access to licensed long-term care facilities and residents as Office
				  staff.
(2) Any ombudsman staff or
				  volunteer asked to leave the premises of any licensed facility for any reason
				  does so and immediately reports the incident to the Office.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-243 - Records, confidentiality, and disclosure

Current through Vol. 41, No. 20, July 1, 2024
The Office of the Long-Term Care Ombudsman (Office)
					 manages the Office State Long-Term Care Ombudsman Program (Program) files,
					 records, and information, in physical, electronic, or other formats including
					 information maintained by Office representatives and local ombudsman entities
					 pertaining to Program cases and activities. Such files, records, and
					 information are the property of the Office. Office and area ombudsman staff,
					 ombudsman volunteers, and designated agencies uphold policies listed in this
					 Section.
(1) No complaint, other
				  confidential information, or records maintained by the Program may be disclosed
				  unless the State Long-Term Care Ombudsman (Ombudsman) authorizes the
				  disclosure.
(2) The Ombudsman or
				  ombudsman representative does not disclose the identity of any complainant or
				  resident unless the complainant or resident, or his or her legal representative
				  consents:
(A) in writing to the disclosure
				  and specifies to whom the identity may be disclosed;
(B) verbally and the Ombudsman documents the
				  consent at the time consent is given; or through the use of auxiliary aids and
				  services communication of informed consent may be made:
(i) in writing; or
(ii) verbally or visually; and
(iii) such consent must be documented
				  contemporaneously by the Ombudsman or Office representative; or
(C) a court orders the
				  disclosure.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-243.1 - Procedures related to the disclosure of witnessed abuse, neglect, or exploitation

Current through Vol. 41, No. 20, July 1, 2024
(a) When the
				  Office of the State Long-Term Care Ombudsman (Office) State Long-Term Care
				  Ombudsman (Ombudsman) or Office representative (representative) personally
				  witnesses suspected abuse, gross neglect, or exploitation of a resident, the
				  Ombudsman or representative seeks communication of informed consent from such
				  resident to disclose resident-identifying information to appropriate agencies.
(1) When the resident is able to communicate
				  informed consent or has a resident representative available to provide informed
				  consent, the Ombudsman or representative follows the resident's or resident
				  representative's direction.
(2)
				  When the resident is unable to communicate informed consent and has no resident
				  representative available to provide informed consent, the Ombudsman or
				  representative opens a case with the Ombudsman or representative as the
				  complainant, follows the Office's program complaint resolution procedures,
				  refers the matter, and discloses the resident's identifying information to
				  facility management where the resident resides and/or to the appropriate agency
				  or agencies for substantiation of abuse, gross neglect, or exploitation in the
				  following circumstances the:
(A) Ombudsman or
				  representative has no evidence indicating the resident would not want a
				  referral to be made;
(B) Ombudsman
				  or representative has reasonable cause to believe disclosure is in the
				  resident's best interest; and
(C)
				  representative obtains Ombudsman or deputy ombudsman approval.
(3) In addition, the Ombudsman or
				  representative, following Office policies and procedures per Oklahoma
				  Administrative Code
				  340:105-11-243(3)
				  (i) - (vi) may report suspected abuse, gross neglect, or exploitation to other
				  appropriate agencies for regulatory oversight; protective services; access to
				  administrative, legal, or other remedies; and/or law enforcement
				  action.
(4) The decision to grant
				  or deny Ombudsman or deputy ombudsman approval for confidential information
				  disclosure related to abuse, neglect, or exploitation is made and conveyed to
				  the requesting ombudsman in one business day.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-244 - Reporting system

Current through Vol. 41, No. 20, July 1, 2024
(a) Office of the
				  State Long-Term Care Ombudsman staff:
(1)
				  identify significant problems by establishing a statewide reporting system
				  including the collection and analysis of quarterly reports from area ombudsman
				  staff;
(2) receive and analyze
				  reports from all state agencies receiving complaints on, or conducting surveys
				  or inspections of long-term care facilities, in order to identify significant
				  problems;
(3) develop
				  administrative and legislative proposals to resolve significant problems of
				  residents, as reflected in complaint investigation and other data;
(4) provide information and recommendations
				  to involved agencies on significant issues, after monitoring conditions of
				  long-term care facilities through the area program and collection and analysis
				  of data; and
(5) compile
				  information and annually prepare and disseminate a Long-Term Care Ombudsman
				  Program annual report. The report contains data and findings regarding the
				  types of problems experienced and complaints received by or on behalf of
				  individuals residing in long-term care facilities, and provides policy,
				  regulatory and legislative recommendations to resolve such problems and
				  complaints and improve the quality of care and life in long-term care
				  facilities.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-245 - Facility visitation

Current through Vol. 41, No. 20, July 1, 2024
(a) Designated area
				  entity ombudsman staff makes periodic visits to all long-term care facilities
				  in the area covered by the designated area ombudsman entity to ensure State
				  Long-Term Care Ombudsman Program (Program) services are available to the
				  residents.
(1) Residents of each facility are
				  visited a minimum of four times each fiscal year.
(A) Visits made by appointment including
				  in-service training for facility staff, are not counted toward the ombudsman
				  staff's four visits per year.
(B)
				  When the ombudsman visits residents as a citizen observer during Oklahoma State
				  Department of Health (OSDH) inspections, the visit may be counted.
(C) Visits made to resolve complaints are
				  counted when multiple residents are visited.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-246 - Liability and legal counsel

Current through Vol. 41, No. 20, July 1, 2024
The Older Americans Act of 1965, as amended, and Section
					 1-2214
					 of Title 63 of the Oklahoma Statutes provide protections for designated
					 representatives of the Office of State Long-Term Care Ombudsman
					 (Office).
(1) For purposes of the
				  Governmental Tort Claims Act, any state, area, or local volunteer long-term
				  care ombudsman is deemed to be an employee of this state and not personally
				  liable for any act or omission made within the scope of employment, as such
				  term is defined by the Governmental Tort Claims Act.
(2) The Oklahoma Department of Human Services
				  ensures that adequate legal counsel is available to the Office for advice and
				  consultation.
(3) Legal
				  representation is provided to any representative of the Office against whom
				  suit or other legal action is brought in connection with any act or omission of
				  a representative made within the scope of employment.
(4) Any representative of the Office who
				  wishes to request legal advice, consultation, or representation contacts the
				  Office.
Added at 9 Ok Reg
					 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 24 Ok Reg
					 1325, eff 6-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-247 - Other policies

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules in
				  this Part reflect compliance with Older Americans Act requirements under
				  authority of state statute. Section
				  1-2215
				  of Title 63 of the Oklahoma Statutes provides that:
(1) no person shall willfully interfere with
				  a representative of the Office of the State Long-Term Care Ombudsman (Office)
				  in the performance of official duties;
(2) no person shall engage in retaliation or
				  reprisal against any resident or employee of a long-term care facility or other
				  entity for having filed a complaint with or provided information to the Office;
				  and
(3) any person convicted of
				  violating any of these prohibitions shall be guilty of a misdemeanor.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-248 - Ombudsman volunteer rules and guidelines

Current through Vol. 41, No. 20, July 1, 2024
The designated ombudsman volunteer observes the
					 requirements of the State Long-Term Care Ombudsman (Ombudsman) State Long-Term
					 Care Ombudsman Program (Program). The ombudsman volunteer:
(1) completes and signs Forms:
(A) 02OM003E, Ombudsman Volunteer
				  Application;
(B) 02OM001E, Conflict
				  of Interest Statement and Ethical Guidelines; and
(C) 04AD003E, Request for Background
				  Check;
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-249 - Area Agency on Aging ombudsman supervisor I

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition.
Under the
				  program supervision of the Office of the State Long-Term Care Ombudsman and the
				  general direction of the director of an Area Agency on Aging, the ombudsman
				  supervisor I provides leadership in development, coordination, and
				  implementation of the Long-Term Care Ombudsman Program and receives,
				  investigates, and resolves complaints made by or on behalf of residents of
				  long-term care facilities.
(b)
Examples of duties.
Examples of duties include:
(1) recruiting, screening, training, and
				  supervising ombudsman volunteers using guidelines provided by state ombudsman
				  staff;
(2) publicizing the services
				  of the State Long-Term Care Ombudsman Program and issues affecting older
				  residents of long-term care facilities through media releases, public speaking,
				  and other means;
(3) coordinating
				  with state ombudsman staff in complaint investigation and resolution,
				  identification of priority issues, and certification of new ombudsman
				  volunteers;
(4) maintaining
				  confidentiality of files and other information pertaining to complaints and
				  complainants;
(5) keeping the
				  director of the designated area ombudsman entity informed of the current
				  situation and needs at the local level, recommending plans for meeting needs,
				  and advising the director of resources required for their
				  implementation;
(6) being available
				  to residents of long-term care facilities in the planning and service areas
				  (PSA), visiting each facility regularly, and working cooperatively with
				  administrators and staff; and
(7)
				  serving as a consultant to community organizations and agencies on issues and
				  needs affecting older long-term care facility residents, techniques of working
				  with these older people, and the solution of special
				  problems.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-250 - Area Agency on Aging ombudsman supervisor II

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definition.
Under the
				  program supervision of the Office of the State Long-Term Care Ombudsman and the
				  general direction of the director of an Area Agency on Aging, the ombudsman
				  supervisor II provides leadership in development, coordination, and
				  implementation of the Long-Term Care Ombudsman Program and receives,
				  investigates, and resolves complaints made by, or on behalf of, residents of
				  long-term care facilities.
(b)
Examples of duties.
Examples of duties include:
(1) recruiting, screening, training, and
				  supervising ombudsman volunteers using guidelines provided by state ombudsman
				  staff;
(2) publicizing the services
				  of the State Long-Term Care Ombudsman Program and issues affecting older
				  residents of long-term care facilities through media releases, public speaking,
				  and other means;
(3) coordinating
				  with state ombudsman staff in complaint investigation and resolution,
				  identification of priority issues, and certification of new ombudsman
				  volunteers;
(4) maintaining
				  confidentiality of files and other information pertaining to complaints and
				  complainants;
(5) keeping the
				  director of the designated area ombudsman entity informed of the current
				  situation and needs at the local level, recommending plans for meeting needs,
				  and advising the director of resources required for their
				  implementation;
(6) being available
				  to residents of long-term care facilities in the planning and service areas
				  (PSA), visiting each facility regularly, and working cooperatively with
				  administrators and staff; and
(7)
				  serving as a consultant to community organizations and agencies on issues and
				  needs affecting older long-term care facility residents, techniques of working
				  with these older people, and the solution of special
				  problems.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-251 - Screening criteria for ombudsman

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Criteria for subjective screening of potential ombudsman staff and volunteers
				  is reviewed in addition to standard education and work experience
				  questions.
(b) Persons who are not
				  eligible for ombudsman volunteer designation include any individual who:
(1) was terminated from employment in a
				  facility where he or she wants to volunteer;
(2) is a relative of a current employee of
				  the facility where he or she wants to volunteer;
(3) lacks the ability to be objective or hold
				  confidences;
(4) is a current
				  employee or has any financial interest in a facility where he or she wants to
				  volunteer. The person may volunteer in another facility located in a separate
				  planning and services area;
(5) is
				  a paid sitter, private duty nurse or aide in the facility where the person
				  wants to volunteer. If a competitive facility is chosen, the placement is
				  accepted by the chosen facility;
(6) is involved in a pending law suit against
				  a facility, until the legal process is completed and acceptance of the person
				  as a volunteer is made by the selected facility administrator;
(7) stands to gain financially through an
				  action or potential action brought on behalf of persons the State Long-Term
				  Care Ombudsman Program serves; or
(8) was determined to be ineligible by the
				  Oklahoma State Department of Health National Fingerprint Background Check
				  Program.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-253 - Freedom from conflict of interest assurances

Current through Vol. 41, No. 20, July 1, 2024
The Older Americans Act as amended requires assurances of
					 freedom from conflict of interest for the officially designated area program as
					 a subdivision of the Office of the State Long-Term Care Ombudsman (Office).
					 Directors of designated area ombudsman entities and sponsoring agency directors
					 are asked to read, review with staff and sponsors, and sign Form 02OM002E, Area
					 Ombudsman Assurance Form, if assurances can be provided as described in this
					 Section.
(1) Assurance is provided
				  that the agency:
(A) is not a part of an
				  entity responsible for licensing or certifying long-term care facilities, or
				  part of a provider organization;
(B) does not hold interest in, manage, own,
				  or contract with a long-term care facility;
(C) does not stand to gain financially
				  through an action or potential action brought on behalf of persons the
				  ombudsman serves; and
(D) is not
				  located within an organization that may impair or inhibit the ability of the
				  ombudsman to objectively and independently investigate and resolve
				  complaints.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-254 - Ombudsman complaint handling guidelines [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg
					 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-255 - Office of the State Long-Term Care (Office) ombudsman staff and volunteer training

Current through Vol. 41, No. 20, July 1, 2024
(a)
Paid
				  ombudsman staff training curriculum.
New ombudsman staff training
				  includes 90 hours of introductory education in:
(1) the Long-Term Care Ombudsman Program
				  (Program);
(2) Program policies and
				  procedures;
(3) the complaint
				  investigation and response system;
(4) the long-term care regulatory
				  system;
(5) residents'
				  rights;
(6) characteristics of
				  long-term care facilities and residents;
(7) aging processes;
(8) communication skills;
(9) legal and ethical issues;
(10) a visitation practicum;
(11) mediation or negotiation
				  skills;
(12) community resources or
				  services;
(13) volunteer
				  management;
(14) reporting and
				  record keeping;
(15) adult abuse,
				  neglect, and exploitation investigations; and
(16) testing to determine an understanding of
				  the curriculum.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 12 - Senior Community Service Employment Program (SCSEP) › Part 1 - INTRODUCTION › Section 340:105-12-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter provides Senior Community Service
					 Employment Program (SCSEP) administration rules, per the Community Service
					 Senior Opportunities Act (CSSOA), per Section 3056 et seq. of Title 42 of the
					 United States Code (42 U.S.C.
					 §§
											3056, et seq.; and
					 Public Law
					 114-144, Part 641 of Title 20 of the Code of
					 Federal Regulations operating under Title V of the Older Americans Act. The
					 Governor designated Oklahoma Human Services Aging Services (AS) in July 2014,
					 to administrator SCSEP. The rules in this Subchapter outline operating policy
					 for each level of the program including AS and sub-grantees.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 12 - Senior Community Service Employment Program (SCSEP) › Part 1 - INTRODUCTION › Section 340:105-12-2 - Background

Current through Vol. 41, No. 20, July 1, 2024
The Older American Act was passed by Congress in 1965 to
					 provide assistance to states in the development of comprehensive coordinated
					 systems of services to older persons. The Senior Community Service Employment
					 Program (SCSEP) is the only federally-sponsored employment and training program
					 targeted specifically to low-income older individuals who want to enter or
					 re-enter the workforce. SCSEP was established to foster individual economic
					 self-sufficiency and promote useful opportunities in community services
					 activities for unemployed, low-income persons who are 55 years of age and
					 older, particularly persons who have poor employment prospects, and to increase
					 the number of persons who may enjoy the benefits of unsubsidized employment in
					 both the public and not-for-profit sectors.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 12 - Senior Community Service Employment Program (SCSEP) › Part 2 - STATE AGENCY › Section 340:105-12-4 - State plan

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Human Services is required to have a State Plan in
					 place. The Governor, or the highest designee, must submit a plan to the United
					 States Department of Labor Secretary that outlines a four-year strategy, and
					 describes the planning and implementation process for the statewide provision
					 of community service employment and other authorized activities for eligible
					 individuals, per Senior Community Service Employment Program Section 641.300 of
					 the Older Americans Act.