2020 -- S 2744

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LC004554

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LONG-TERM CARE

OMBUDSPERSON ACT OF 1995

     Introduced By: Senators Satchell, Goldin, Coyne, Valverde, and Miller

     Date Introduced: March 04, 2020

     Referred To: Senate Health & Human Services

     (Office of Healthy Aging)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-66.7-5 and 42-66.7-7 of the General Laws in Chapter 42-66.7

entitled "Long-Term Care Ombudsperson Act of 1995" are hereby amended to read as follows:

     42-66.7-5. Powers and duties.

     The long-term care ombudsperson shall:

     (1) Identify, investigate, and resolve complaints that: (a) are made by, or on behalf of,

residents; and (b) relate to action, inaction, or decisions, that may adversely affect the health, safety,

welfare, or rights of the residents (including the welfare and rights of the residents with respect to

the appointment and activities of guardians and representative payees) and health care and financial

powers of attorney;

     (2) Receive all reports of incidents reportable to the department of health within twenty-

four (24) hours, or by the next business day of the occurrence, in cases of resident abuse, neglect,

exploitation, theft, sexual abuse, accidents involving fires, elopement and patient to patient abuses;

     (3) Receive all reports of thirty (30) day notices of resident discharge from long-term care

facilities;

     (4) Provide referral services to assist residents in protecting their health, safety, welfare

and rights;

     (5) Inform residents of their rights and advocate on their behalf to improve their quality of

life and live with dignity and respect;

     (6) Formulate policies and procedures to identify, investigate, and resolve complaints;

     (7) Make appropriate referrals of investigations to other state agencies, including, but not

limited to, the departments of health, human services and attorney general with the informed

consent of the elder in accordance with 45 C.F.R. § 1324.11(3) and without the disclosure of

identifying information of any resident with respect to whom the ombudsman program maintains

files, records, or information, except as otherwise provided in accordance with 45 C.F.R. §

1324.19(b)(6) through (8).

     (8) Offer assistance and training to public and private organizations on long-term care of

elders and persons with disabilities;

     (9) Represent the interests of residents of facilities before government agencies and seek

administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the

residents including, but not limited to, rights with respect to the appointment or removal of

guardians and representative payees powers of attorney;

     (10) Review and, if necessary, comment on any existing and proposed laws, regulations,

and other government policies and actions, that pertain to the rights and well-being of residents of

facilities.

     42-66.7-7. Access to records, facility, resident.

     (a) In the course of an investigation, the long-term care ombudsperson shall:

     (1) Make the necessary inquiries and obtain information as is deemed necessary;

     (2) Have access to facilities and residents; and

     (3) Enter facilities and, after notifying the person in charge and with the informed consent

of the resident or authorized representative, inspect any books, files, medical records, or other

records that pertain to the resident.

     (b) In the ordinary course of the long-term care ombudsperson's duties, the long-term care

ombudsperson shall have access to residents of a facility to:

     (1) Visit, talk with, make personal, social, and other appropriate services available;

     (2) Inform them of their rights and entitlements and corresponding obligations under

federal and state law by distribution of educational materials, discussion in groups, or discussion

with individual residents and their families; and

     (3) Engage in other methods of assisting, advising, and representing residents to extend to

them the full enjoyment of their rights.

     (c) The office of the long-term care ombudsperson is considered a health oversight agency.

     (d) Notwithstanding any other provision of law, a health oversight agency, and its

employees and agents, shall comply with all state and federal confidentiality laws, including, but

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not limited to, chapter 37.3 of title 5 (Confidentiality of Health Care Communications and

Information Act) and specifically subsection 5-37.3-4(c), which requires limitation on the

distribution of information which is the subject of this chapter on a "need to know" basis, and §

40.1-5-26; 45 C.F.R. §1324.11(3); and 45 C.F.R. § 1324.19(b)(6) through (8).

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LONG-TERM CARE

OMBUDSPERSON ACT OF 1995

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     This act would require informed consent of the elderly for referral of investigations to be

made by other state agencies by the long-term care ombudsperson (LTCO). This act would also

prohibit disclosure of identifying information of any resident of whom the LTCO maintains a

record or file.

     This act would take effect upon passage.

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