Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 40 - Division of Elderly Affairs › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Long Term Care Ombudsperson Program (218-RICR-40-00-1) › Section 218-RICR-40-00-1.3 - General Requirements

Current through June 14, 2024
1.3.1
Establishment of the Program
A.
				  Pursuant to R.I. Gen. Laws Chapter 42-66.7, the Rhode Island General Assembly
				  established a program of the long term care ombudsperson to be administratively
				  attached to the Division in accordance with its mandate under R.I. Gen. Laws
				  §
											42-66-4,
				  as amended, and the Older Americans Act,
				   42 U.S.C. §
												3001  et seq.
B. The purpose of the program is:
1. advocating on behalf of residents and
				  identifying, investigating and resolving through mediation, negotiation, and
				  administrative action complaints filed by residents or individuals acting on
				  their behalf; and
2. identifying,
				  investigating and resolving through mediation, negotiation, and administrative
				  action complaints filed by any individual organization or government agency
				  that has reason to believe that a long term care facility, organization or
				  government agency (which government agency is responsible for the regulation,
				  inspection, visitation, or supervision of facilities or which provides services
				  to residents of facilities) has engaged in activities, practices or omissions
				  that constitute a violation of applicable statutes or regulations or that may
				  have an adverse effect upon the health, safety, welfare, rights or the quality
				  of life of residents of long term care facilities.
C. The Division shall carry out the program
				  through the establishment and operation of an office of long term care
				  ombudsperson (the "Office").
1. The Division
				  may operate the Office and carry out the program, directly and/or by contract
				  or other arrangement with any public agency or non-profit
				  organization.
2. The Division may
				  not enter into such contract or other arrangement with:
a. an agency or organization that is
				  responsible for licensing or certifying long term care services in the State;
				  or
b. an association (or an
				  affiliate of such an association) of long term care facilities or of any other
				  residential facilities for older individuals.
D. The Office shall be headed by an
				  individual, to be known as the ombudsperson (the "ombudsperson"), who shall be
				  selected from among individuals with expertise and experience in the fields of
				  long term care and advocacy.
1. The
				  ombudsperson shall serve on a full-time basis, and shall, personally or through
				  representatives of the Office, perform the functions and duties set forth in
				  R.I. Gen. Laws Chapter 42-66.7, as amended, as well as in §712 of the
				  Older Americans Act,
				   42 U.S.C. §
													3058g, as amended.
2. "Full-time basis" means that the
				  ombudsperson position is full-time and the individual who serves as the
				  ombudsperson has no duties other than those set forth in the immediately
				  preceding sentence.
3. The
				  ombudsperson shall not be the chief executive officer or executive director (or
				  any individual holding an equivalent office) of any public agency or non-profit
				  organization.