12 Colo. Code Regs. § 2510-1-10.420.31

Current through Register Vol. 47, No. 22, November 25, 2024

Section 12 CCR 2510-1-10.420.31 - Local LTC Ombudsman Responsibilities and Requirements [Rev. eff. 2/1/16]

The Local LTC Ombudsman shall:

A. Carry a valid identification card issued annually and signed by the CLTCO, and present the card to obtain access to residents and the facilities records;

B. Follow these rules, and the policies and procedures established by the CLTCO;

C. Provide services to protect the health, safety, welfare, and rights of residents;

D. Ensure residents in the service area of the local LTC ombudsman have timely access to representatives of the program, and timely responses to complaints and requests for assistance;

E. Receive, investigate, and resolve complaints:

1. Made by or on behalf of residents that relate to actions, inactions or decisions that may adversely affect the health, safety, welfare, or rights of the residents; or,

2. Referred to the CLTCO, in accordance with the OAA, these rules, and the policies and procedures established by the CLTCO.

F. Respond to complaints:

1. Within five (5) working days for routine complaints; or,

2. Within one (1) working day in emergency situations where the long-term care ombudsman representative believes the resident is in imminent danger.

G. Represent the interests of residents before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;

H. 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;

I. Facilitate the ability of the public to comment on the laws, regulations, policies, and actions;

J. Assist with the development of resident and family councils;

K. Establish linkages with at least the following community agencies:

1. County Department(s) of Social or Human Services;

2. Mental health centers;

3. Local health departments;

4. Case management agencies; and,

5. Senior services agencies.

L. Visit, within the region it services:

1. At least monthly, all nursing care facilities (i.e., nursing homes) where persons who are age sixty (60) or over reside and which are licensed or certified, including certified swing bed facilities, as defined at Section 10.150, offering extended care services;

2. At least quarterly, all assisted living residences providing services to persons who are age sixty (60) or older, which are licensed or certified.

3. "Visit" means the on-site:

a. Provision of information about LTC ombudsman services and residents' rights to residents and, if possible, the resident's family; and/or,

b. Investigation of complaints.

M. Compliance:

1. The CLTCO and SUA shall monitor these visit requirements for compliance.

2. If a Local LTC Ombudsman is found to be out of compliance with these requirements:

a. The Local LTC Ombudsman and the AAA shall submit a written plan of action to the SUA and the CLTCO, signed by the AAA director, indicating steps to bring the program into full compliance.

b. The SUA may withhold reimbursement for expenditures for services until the program comes into full compliance.

12 CCR 2510-1-10.420.31

39 CR 01, January 10, 2016, effective 2/1/2016