2020 -- H 7578 | |
======== | |
LC004451 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LONG-TERM CARE | |
OMBUDSPERSON ACT OF 1995 | |
| |
Introduced By: Representatives Ackerman, McNamara, Donovan, McEntee, and | |
Date Introduced: February 13, 2020 | |
Referred To: House Health, Education & Welfare | |
(Office of Healthy Aging) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 42-66.7-5 and 42-66.7-7 of the General Laws in Chapter 42-66.7 |
2 | entitled "Long-Term Care Ombudsperson Act of 1995" are hereby amended to read as follows: |
3 | 42-66.7-5. Powers and duties. |
4 | The long-term care ombudsperson shall: |
5 | (1) Identify, investigate, and resolve complaints that: (a) are made by, or on behalf of, |
6 | residents; and (b) relate to action, inaction, or decisions, that may adversely affect the health, |
7 | safety, welfare, or rights of the residents (including the welfare and rights of the residents with |
8 | respect to the appointment and activities of guardians and representative payees) and health care |
9 | and financial powers of attorney; |
10 | (2) Receive all reports of incidents reportable to the department of health within twenty- |
11 | four (24) hours, or by the next business day of the occurrence, in cases of resident abuse, neglect, |
12 | exploitation, theft, sexual abuse, accidents involving fires, elopement and patient to patient |
13 | abuses; |
14 | (3) Receive all reports of thirty (30) day notices of resident discharge from long-term care |
15 | facilities; |
16 | (4) Provide referral services to assist residents in protecting their health, safety, welfare |
17 | and rights; |
18 | (5) Inform residents of their rights and advocate on their behalf to improve their quality |
| |
1 | of life and live with dignity and respect; |
2 | (6) Formulate policies and procedures to identify, investigate, and resolve complaints; |
3 | (7) Make appropriate referrals of investigations to other state agencies, including, but not |
4 | limited to, the departments of health, human services and attorney general with the informed |
5 | consent of the elder in accordance with 45 C.F.R. § 1324.11(3) and without the disclosure of |
6 | identifying information of any resident with respect to whom the ombudsman program maintains |
7 | files, records, or information, except as otherwise provided in accordance with 45 C.F.R. § |
8 | 1324.19(b)(6) through (8). |
9 | (8) Offer assistance and training to public and private organizations on long-term care of |
10 | elders and persons with disabilities; |
11 | (9) Represent the interests of residents of facilities before government agencies and seek |
12 | administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the |
13 | residents including, but not limited to, rights with respect to the appointment or removal of |
14 | guardians and representative payees powers of attorney; |
15 | (10) Review and, if necessary, comment on any existing and proposed laws, regulations, |
16 | and other government policies and actions, that pertain to the rights and well-being of residents of |
17 | facilities. |
18 | 42-66.7-7. Access to records, facility, resident. |
19 | (a) In the course of an investigation, the long-term care ombudsperson shall: |
20 | (1) Make the necessary inquiries and obtain information as is deemed necessary; |
21 | (2) Have access to facilities and residents; and |
22 | (3) Enter facilities and, after notifying the person in charge and with the informed consent |
23 | of the resident or authorized representative, inspect any books, files, medical records, or other |
24 | records that pertain to the resident. |
25 | (b) In the ordinary course of the long-term care ombudsperson's duties, the long-term |
26 | care ombudsperson shall have access to residents of a facility to: |
27 | (1) Visit, talk with, make personal, social, and other appropriate services available; |
28 | (2) Inform them of their rights and entitlements and corresponding obligations under |
29 | federal and state law by distribution of educational materials, discussion in groups, or discussion |
30 | with individual residents and their families; and |
31 | (3) Engage in other methods of assisting, advising, and representing residents to extend to |
32 | them the full enjoyment of their rights. |
33 | (c) The office of the long-term care ombudsperson is considered a health oversight |
34 | agency. |
| LC004451 - Page 2 of 4 |
1 | (d) Notwithstanding any other provision of law, a health oversight agency, and its |
2 | employees and agents, shall comply with all state and federal confidentiality laws, including, but |
3 | not limited to, chapter 37.3 of title 5 (Confidentiality of Health Care Communications and |
4 | Information Act) and specifically subsection 5-37.3-4(c), which requires limitation on the |
5 | distribution of information which is the subject of this chapter on a "need to know" basis, and § |
6 | 40.1-5-26; 45 C.F.R. §1324.11(3); and 45 C.F.R. § 1324.19(b)(6) through (8). |
7 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC004451 | |
======== | |
| LC004451 - Page 3 of 4 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LONG-TERM CARE | |
OMBUDSPERSON ACT OF 1995 | |
*** | |
1 | This act would require informed consent of the elderly for referral of investigations to be |
2 | made by other state agencies by the long-term care ombudsperson (LTCO). This act would also |
3 | prohibit disclosure of identifying information of any resident of whom the LTCO maintains a |
4 | record or file. |
5 | This act would take effect upon passage. |
======== | |
LC004451 | |
======== | |
| LC004451 - Page 4 of 4 |