State Affairs and Government

CHAPTER 42-66.7
Long-Term Care Ombudsperson Act of 1995

SECTION 42-66.7-5

§ 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 effect 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;

(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.

History of Section.
(P.L. 1995, ch. 92, § 1; P.L. 2003, ch. 55, § 1; P.L. 2003, ch. 74, § 1; P.L. 2006, ch. 361, § 1; P.L. 2006, ch. 501, § 1.)