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 6660.12 - Investigation of Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  With respect to identifying, investigating and resolving complaints, and
				  regardless of the source of the complaint, an ombudsman's duty is to the
				  resident of the long-term care facility. The ombudsman sha ll investigate a
				  complaint, including but not limited to a complaint related to abuse, neglect,
				  or exploitation, for the purposes of resolving the complaint to the resident's
				  satisfaction and/or protecting the health, welfare, and rights of the resident.
				  The o mbudsman may identify, investigate and resolve a complaint impacting
				  multiple residents or all residents of a facility.
(b) Regardless of the source of the
				  complaint, including when the source is the ombudsman, the ombudsman must
				  support and maximize resident participation in the process of resolving the
				  complaint as follows:
(1) The ombudsman shall
				  offer privacy to the resident for the purpose of confidentially providing
				  information and hearing, investigating and resolving complaints.
(2) The ombudsman shall personally discuss
				  the complaint with the resident (and, if the resident is unable to communicate
				  informed consent, the resident's representative) in order to:
(i) determine the perspective of the resident
				  (or resident representative, where applicable) of the complaint;
(ii) request the resident (or resident
				  representative, where applicable) to communicate informed consent in order to
				  investigate the complaint;
(iii)
				  determine the wishes of the resident (or resident representative, where
				  applicable) with respect to resolution of the complaint, including whether the
				  allegations are to be reported and, if so, whether ombudsman may disclose
				  resident identifying information or other relevant information to the facility
				  and/or appropriate agencies;
(iv)
				  advise the resident (and resident representative, where applicable) of the
				  resident's rights;
(v) work with
				  the resident (or resident representative, where applicable) to develop a plan
				  of action for resolution of the complaint;
(vi) investigate the complaint to determine
				  whether the complaint can be verified; and
(vii) determine whether the complaint is
				  resolved to the satisfaction of the resident (or resident representative, where
				  applicable).
(3) Where
				  the resident is unable to communicate informed consent, and has no resident
				  representative, the ombudsman shall:
(i) take
				  appropriate steps to investigate and work to resolve the complaint in order to
				  protect the health, safety, welfare and rights of the resident, including,
				  where appropriate, following the provisions of 9 NYCRR 6660.14; and
(ii) to the best of the ombudsman's ability,
				  determine whether the complaint was resolved to the satisfaction of the
				  resident or complainant.
(4) In determining whether to rely upon a
				  resident representative to communicate or make determinations on behalf of the
				  resident related to complaint processing, the ombudsman shall ascertain the
				  extent of the authority that has been granted to the resident representative
				  under court order (in the case of a guardian or conservator), by power of
				  attorney, or other document by which the resident has granted authority to the
				  representative, or under other applicable state or federal law.