12 Colo. Code Regs. § 2510-1-10.420.9

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

Section 12 CCR 2510-1-10.420.9 - Interference with Long-Term Care Ombudsman [Rev. eff. 12/1/10]

A. Willful interference with representatives of the CLTCO is prohibited.

B. Discriminatory, disciplinary, or retaliatory actions and reprisals shall not be taken by a long-term care facility or other entity against any of the following individuals for filing a complaint with, providing information to, or otherwise cooperating with any representative of the CLTCO:

1. Any resident eligible for LTC Ombudsman services under the OAA; or,

2. Any officer or employee of a facility or governmental agency providing services to residents of long-term care facilities eligible for long-term care ombudsman services under the OAA.

C. Any person listed in Item B, above, or any person acting on such a person's behalf, including the CLTCO or its representatives, may file a complaint with the SUA against any individual or entity in violation of these rules.

D. Upon receipt of a complaint regarding interference with a LTC Ombudsman in the course of his/her duties, or a complaint regarding discriminatory, disciplinary, or retaliatory action against any individual, the SUA shall:

1. Conduct an investigation of the complaint;

2. Determine if the complaint is substantiated;

3. Provide a written notice regarding the outcome of the investigation, if substantiated, to include the nature of the violation and the amount of the fine to the violator;

a. If the complaint involves interference with an ombudsman in the course of his/her duties, the SUA shall assess and collect the fine of $2,500.00 per violation;

b. If the complaint involves discriminatory, disciplinary, or retaliatory action against any individual, the SUA shall assess and collect a fine of $5,000.00 per violation.

4. If the penalized person disagrees with the SUA findings, he/she may request an Administrative Law Judge (ALJ) hearing.

E. All fines collected by the SUA because of the complaint investigation process shall be transmitted to the State Treasurer.

12 CCR 2510-1-10.420.9

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