New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.22 - STATE LONG-TERM CARE OMBUDSMAN RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Adhere to the rules of confidentiality and
				propriety set forth in these regulations and in the resource manual for new
				volunteer training, if applicable.
B. Protect access to ombudsman records, in
				accordance with Sections
				9.2.19.36 NMAC through
				9.2.19.38 NMAC of this
				rule.
C. Carry out other activities
				that the state ombudsman reasonably deems appropriate to the certification of
				ombudsmen.
D. Perform each
				responsibility in accordance with all applicable federal and state law, rules,
				regulations, and policies.
E.
				Analyze, comment on, and monitor the development and implementation of federal,
				state and local laws, regulations and other governmental policies and actions
				that pertain to the health, safety, welfare and rights of residents with
				respect to the adequacy of long-term care facilities and seniors in the
				state.
F. Recommend any changes in
				such laws, regulations, policies, and actions as the office determines to be
				appropriate.
G. Facilitate public
				comment on the laws, regulations, policies, and actions.
H. Provide leadership to statewide systems
				advocacy efforts of the office on behalf of long-term care facility residents,
				including coordination of systems advocacy efforts carried out by
				representatives of the office.
I.
				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.
J. Establish policies and procedures for the
				office, in consultation with the department, to carry out the program in
				accordance with the OAA. In accordance with
				45 CFR
				1324.11(e), such policies
				and procedures regarding program administration must include, but not be
				limited to:
(1) A requirement that the
				department or any agency or private non-profit organization provide specific
				exemptions to ombudsmen, staff and volunteers from any requirements that
				prohibit ombudsmen from performing functions and responsibilities of the
				ombudsmen, as set forth in 45 CFR 1324.13 or from adhering to
				the requirements of Section 712 of the OAA, including that:
(a) the department or any agency or
				non-profit organization provide exemptions to its internal policies and
				procedures which prohibit any ombudsman from performing the functions and
				responsibilities of an ombudsman; provided, however, that nothing in this
				provision shall prohibit the department from requiring that the state
				ombudsman, or other employees or volunteers of the office, adhere to all other
				policies and procedures of the department;
(b) the state ombudsman monitor the
				performance of local ombudsman entities which the state ombudsman has
				designated to carry out the duties of the office; and
(c) the process by which the agencies hosting
				local ombudsman entities will coordinate with the state ombudsman in the
				employment or appointment of representatives of the office.