New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter IV - Long-term Care Ombudsman Program › Part 6660 - Long-term Care Ombudsman › Section 6660.6 - Designation of local ombudsman entities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A local ombudsman program may be operated
				  only by an area agency on aging or a private not-for-profit or public
				  agency.
(b) The agency in which a
				  local ombudsman entity is organizationally located shall be responsible for the
				  personnel management, but not the programmatic oversight, of representatives,
				  including employee and volunteer representatives, of the ombudsman
				  program.
(c) The agency in which a
				  local ombudsman entity is organizationally located shall not have personnel
				  policies or practices which prohibit the representatives of the ombudsman
				  program from performing their duties, or from adhering to the access,
				  confidentiality and disclosure requirements of the program. Policies,
				  procedures and practices, including personnel management practices of the host
				  agency, which the state ombudsman determines conflict with the laws,
				  regulations, policies or policies governing the ombudsman program shall be
				  sufficient grounds for the refusal, suspension, or removal of the designation
				  of local ombudsman entity by the state ombudsman.
(d) The state long-term care ombudsman, in
				  coordination with the state office for the aging, and in accordance with
				  applicable state contracting procedures, may designate an entity to operate a
				  local long-term care ombudsman program for one or more counties, and shall
				  monitor the performance of such entity. If the state office for the aging is
				  aware or becomes aware of any compelling reason why the state ombudsman should
				  not designate an entity to operate a long-term care ombudsman program, the
				  state ombudsman will comply with the state office for the aging's
				  determination.
(e) When the state
				  ombudsman determines that a local long-term care ombudsman program does not
				  meet the standards set forth in this part and any related regulations or if the
				  local ombudsman entity is subject to a conflict of interest that cannot be
				  remedied, the state ombudsman in coordination with the state office for the
				  aging, may refuse, suspend, or withdraw the designation of the local program.
				  Prior to taking such action, the state ombudsman shall send to the affected
				  local program a notice of the state ombudsman's intentions to withdraw the
				  designation. If the state office for the aging is aware or becomes aware of any
				  compelling reason why the state ombudsman should not designate an entity to
				  operate a long-term care ombudsman program or why the state ombudsman should
				  refuse, suspend or remove designation of a local ombudsman entity, the state
				  ombudsman will comply with the state office for the aging's
				  determination.
(f) The state
				  ombudsman shall develop a grievance process to offer an opportunity for
				  reconsideration of any decision to refuse, suspend, or remove designation of a
				  local ombudsman entity. Notwithstanding the grievance process, the state
				  ombudsman in coordination with the state office for the aging shall make the
				  final determination to designate or to refuse, suspend, or remove designation
				  of a local ombudsman entity. If the state office for the aging is aware or
				  becomes aware of any compelling reason why the state ombudsman should not
				  designate an entity to operate a long-term care program or why the state
				  ombudsman should refuse, suspend or remove designation of a local ombudsman
				  entity, the state ombudsman will comply with the state office for the aging's
				  determination.