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 340:105-11-232 - Oklahoma Department of Human Services (DHS) Office of the State Long-Term Care Ombudsman responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  DHS Office of the State Long-Term Care Ombudsman (Office) establishes and
				  operates a statewide Long-Term Care Ombudsman Program consistent with the Older
				  Americans Act and Oklahoma Long-Term Care Ombudsman Act requirements. DHS
				  provides monitoring including, but not limited to, fiscal monitoring where the
				  Office and/or local ombudsman entity is organizationally located within, under
				  contract, or by other arrangement. DHS monitors and ensures the State Long-Term
				  Care Ombudsman (Ombudsman) is the head of a unified statewide State Long-Term
				  Care Ombudsman Program (Program). With DHS assistance, the Office:
(1) identifies, investigates, and resolves
				  complaints made by, or on behalf of, residents of long-term care facilities
				  that relate to action, inaction, or decisions of providers, or long-term care
				  services provider representatives, public agencies, or health and social
				  services agencies that may adversely affect the health, safety, welfare, or
				  residents' rights including the welfare and rights of residents with respect to
				  the appointment and activities of guardians and representative
				  payees;
(2) informs residents about
				  obtaining services provided by the Program;
(3) ensures residents have regular and timely
				  access to the services provided through the Program;
(4) ensures residents and complainants
				  receive timely responses from Office representatives on information and
				  complaint requests;
(5) represents
				  residents' interests before governmental agencies;
(6) ensures individual residents have access
				  to and can pursue, as the Ombudsman determines necessary and consistent with
				  resident interests, administrative, legal, and other remedies to protect the
				  resident's health, safety, and welfare;
(7) provides administrative and technical
				  assistance to Office representatives and agencies hosting local ombudsman
				  entities;
(8) analyzes, comments
				  on, and monitors 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 resident's rights with respect to
				  long-term care facilities and services in the state. The Office:
(A) recommends changes in such laws,
				  regulations, policies, and actions as appropriate;
(B) facilitates public comment on the laws,
				  regulations, policies, and actions; and
(C) provides leadership to statewide systems
				  advocacy efforts on behalf of long-term care facility residents including
				  coordination of systems advocacy efforts carried out by Office
				  representatives;
(9)
				  provides information to public and private agencies, legislators, the media,
				  and others, as deemed necessary by the Office, regarding the problems and
				  concerns of individuals residing in long-term care facilities including
				  recommendations related to such. Such determinations and positions are those of
				  the Office and do not necessarily represent DHS determinations or
				  positions;
(10) when carrying out
				  systems advocacy efforts on behalf of long-term care facility residents and
				  pursuant to the receipt of grant funds under the Older Americans Act, the
				  provision of information, recommendations of changes in law to legislators, and
				  recommendations of changes in regulations and policies to government agencies
				  by the Ombudsman or Office representatives does not constitute lobbying
				  activities per Part 93 of Title 45 of the Code of Federal
				  Regulations;
(11) coordinates with
				  and promotes the development of citizen organizations consistent with the
				  residents' interests;
(12) promotes
				  and provides technical support for the development of ongoing support requested
				  by residents and family councils to protect the residents' well-being and
				  rights;
(13) provides training for
				  staff and volunteers and promotes the development of citizen organizations to
				  participate in the Program;
(14)
				  carries out other activities consistent with the requirements of this Part the
				  Assistant Secretary for Aging determines appropriate;
(15) establishes procedures for appropriate
				  access by the Ombudsman and designated representatives to long-term care
				  facilities, appropriate private access to residents, and appropriate access to
				  residents' personal and medical records;
(16) establishes procedures to protect the
				  confidentiality of records and ensures that the identity of any resident or
				  complainant is not disclosed without the resident's or complainant's consent,
				  or upon court order;
(17)
				  establishes a statewide uniform reporting system to collect and analyze
				  information on complaints and conditions in long-term care facilities for the
				  purpose of identifying and resolving significant problems. The Ombudsman must
				  submit this information to the state agency responsible for licensing or
				  certifying long-term care facilities and to the Assistant Secretary for Aging
				  in the manner prescribed;
(18)
				  independently develops and provides final approval of an annual report
				  describing the activities carried out by the Office in the year for which the
				  report is prepared. The annual report:
(A)
				  contains data and findings regarding the types of problems experienced and
				  complaints made by or on behalf of individuals residing in long-term care
				  facilities;
(B) provides policy,
				  regulatory, and legislative recommendations to solve problems and complaints,
				  to improve the quality of care and life in long-term care facilities;
(C) includes analysis of the Program's
				  success and success in providing services to residents of long-term care
				  facilities;
(D) describes barriers
				  that prevent optimal Program operation;
(E) is available to the public and is
				  submitted to:
(i) the Assistant Secretary for
				  Aging;
(ii) the state chief
				  executive officer;
(iii) the state
				  legislature;
(iv) the state agency
				  responsible for licensing or certifying long-term care facilities;
				  and
(v) other appropriate
				  governmental entities;
(19) ensures that no officer, employee, or
				  designated representative is subject to a conflict of interest; and
(20) plans and operates the Program,
				  considering the stakeholders' views.