Section Omb 405.01 - Investigations(a) Cases and case files shall only be opened by LTCO for complaints investigated by the OLTCO.(b) During the course of the investigation, the LTCO or LTCO designee shall:(1) Personally discuss the complaint with the resident, or if the resident is unable to communicate, with the personal patient representative or legal representative;(2) Determine the resident's perspective and wishes relating to the investigation and resolution of the complaint. If the resident is unable to communicate, determine the perspective and wishes of the resident after discussion with the resident's personal patient representative or legal representative;(3) Obtain informed consent from the resident or the personal patient representative or legal representative in order to investigate, seek a resolution, report the complaint or related information, or share the resident's personal identifying information as permitted or authorized during the investigation or referral of the complaint;(4) Keep the resident informed throughout the course of the investigation and obtain the resident's perspective and elicit further input and direction;(5) If the complaint was generated by a complainant, obtain a detailed statement of the incident or the facts and circumstances of the complaint from the complainant and determine the resident's wishes with respect to resolving the complaint;(6) Advise the resident, of his or her rights under RSA 151:21 and work to develop a plan of action in order to resolve the complaint;(7) Investigate the complaint by conducting interviews with the complainant, resident(s), facility administrator(s), staff and any other person(s) who may have information relevant to the complaint;(8) Obtain written statements if possible, and review information contained in facility records and other records as authorized by RSA 161-F:14 and within Omb 405.03;(9) Determine whether the complaint is verified by a preponderance of evidence according to Omb 405.03;(10) Determine if complaint is resolved to the satisfaction of the resident. If the resident is unable to communicate satisfaction the LTCOR shall determine satisfaction through communication with the personal patient representative or legal representative as determined by law;(11) Notify the resident(s), the personal patient representative, or legal representative of the determination once it is made and further disclose the determination with the resident's permission;(12) Request a statement from the resident, personal patient representative of legal representative that describes the incident or situation;(13) If the complaint is being made by a healthcare facility representative, obtain a copy of the report documenting the complaint completed by the facility; and(14) Obtain documentation of statements made by any witness or staff involved.(c) The case file shall contain the complaint and all information obtained during the investigation.(d) During the course of the investigation, the LTCO or LTCOR shall only reveal personal identifying information of the resident without informed consent, as authorized by RSA 161-F: 13, II, or Omb 404.01(f)-(i) above.(e) Pursuant to RSA 161-F:14, when conducting investigations, the LTCO and LTCOR shall be authorized to:(1) Enter any facility and visit where the alleged incident or situation took place;(2) Communicate privately and without restrictions with any resident who consents to the communication;(3) Observe all common areas of the facility, except for the living area of any resident who objects to the observation; and(4) Conduct announced or unannounced visits during the time of day that the alleged incident or situation was alleged to have taken place.(f) During the investigation, the long-term care ombudsman, or long-term care ombudsman representative shall interview the resident about the complaint.(g) If the resident does not wish the OLTCO to act on a complaint, the LTCO or LTCOR shall close the complaint, unless:(1) Circumstances described in Omb 404.02 exist; or(2) There is a suspected violation of the standards listed in RSA 151-a, I(a) presenting an immediate risk to the resident or other residents.(h) If the LTCO determines to act on a complaint without resident consent, the LTCOR shall notify the resident, the personal patient representative, or legal representative, or the complainant, if the complainant was not the resident, that the investigation shall continue.N.H. Admin. Code § Omb 405.01
Derived From Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12379, Effective 9/13/2017, Expires 9/13/2027.