Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part V - Long-Term Care Ombudsman Program › Section 22VAC30-60-570 - Office of the State Long-Term Care Ombudsman

Current through Register Vol. 40, No. 24, July 15, 2024
A. When handling complaints, the Office of
				  the State Long-Term Care Ombudsman shall take the following steps:
1. Staff of the Office of the State Long-Term
				  Care Ombudsman shall provide complaint counseling to an appropriate person
				  alleging a reasonably specified complaint to assist such person in resolving
				  the complaint himself.
2. If the
				  person alleging a reasonably specified complaint is unable or unwilling to
				  resolve the complaint himself, staff of the Office of the State Long-Term Care
				  Ombudsman will attempt to obtain reasonably specific information from the
				  complainant, in accordance with which staff of the Office of the State
				  Long-Term Care Ombudsman shall assess the complaint to determine the most
				  appropriate means of investigating and resolving the complaint.
a. Staff of the Office of the State Long-Term
				  Care Ombudsman shall investigate reasonably specified complaints reported to
				  the office which allege action, inaction, or decisions of providers of
				  long-term care services (or their representatives) which may adversely affect
				  the rights, health, welfare, or safety of the person complaining or the
				  recipient of services.
b. Staff of
				  the Office of the State Long-Term Care Ombudsman shall initiate the
				  investigation of a complaint within two working days of the date on which the
				  complaint is received.
c. Staff of
				  the Office of the State Long-Term Care Ombudsman shall refer complaints
				  concerning long-term care regulatory issues and allegations of abuse, neglect,
				  and exploitation to the appropriate agency for investigation, pursuant to
				  §§ 51.5-139 through 51.5-142 of the Code of Virginia.
d. When the complaint alleges abuse, neglect,
				  or exploitation, staff of the Office of the State Long-Term Care Ombudsman
				  shall make a referral by telephone immediately to the appropriate Adult
				  Protective Services staff in the appropriate local Department of Social
				  Services. "Appropriate local Department of Social Services" means the
				  Department of Social Services (i) in the locality where the alleging person
				  resides, or (ii) in the locality where the abuse, neglect, or exploitation is
				  alleged to have occurred, or (iii) in the locality where the complaint is
				  discovered.
e. Staff of the Office
				  of the State Long-Term Care Ombudsman shall forward a reasonably specified
				  complaint to the appropriate regulatory agency or to the Adult Protective
				  Services unit within three working days of the date on which the complaint is
				  received.
f. Staff of the Office of
				  the State Long-Term Care Ombudsman shall complete their investigation of a
				  complaint handled by the office within 45 working days of the date on which the
				  complaint is received.
g. No action
				  shall be taken or threatened by any long-term care provider or facility for the
				  purpose of punishing or retaliating against any resident, ombudsman, employee,
				  or other interested person for presenting a complaint under this regulation or
				  for providing assistance to the complaining party.