Okla. Admin. Code § 340:105-11-245

Current through Vol. 42, No. 7, December 16, 2024

Section 340:105-11-245 - Facility visitation

(a) Designated area entity ombudsman staff makes periodic visits to all long-term care facilities in the area covered by the designated area ombudsman entity to ensure State Long-Term Care Ombudsman Program (Program) services are available to the residents.

(1) Residents of each facility are visited a minimum of four times each fiscal year.

(A) Visits made by appointment including in-service training for facility staff, are not counted toward the ombudsman staff's four visits per year.

(B) When the ombudsman visits residents as a citizen observer during Oklahoma State Department of Health (OSDH) inspections, the visit may be counted.

(C) Visits made to resolve complaints are counted when multiple residents are visited.

(2) Visits are documented on Office of the State Long-Term Care Ombudsman (Office) approved forms and are protected according to Program confidentiality requirements. Visits are:

(A) unannounced and dates are kept confidential; and

(B) not posted or revealed to any person other than the Area Agency on Aging director, designated as the area ombudsman entity who safeguards them.

(3) State Long-Term Care Ombudsman (Ombudsman) staff :

(A) accompanies each newly - designated ombudsman volunteer to the volunteer's assigned facility, by appointment, for an introductory visit to:

(i) introduce the volunteer to the facility administrator, residents, and facility; and

(ii) explain or clarify the ombudsman volunteer role;

(B) conducts at least one supervisory visit with each designated ombudsman volunteer at his or her assigned facility annually to:

(i) assess skills, relationships, and understanding of appropriate role; and/or

(ii) assist the volunteer with a complaint or other problem; and

(C) offers and conducts in-service training for staff of long-term care facilities on residents' rights, elder abuse prevention, and other topics of importance to residents.

(b) The designated ombudsman volunteer visits residents in his or her assigned facility, at least two hours per week to assist residents resolve or prevent problems or complaints. Each visit is documented.

(1) Volunteers may not officially begin visitation and other duties in a facility as a designated ombudsman volunteer until he or she:

(A) receives written notice of designation from the Office; and

(B) is accompanied by Office staff on an introductory visit to the assigned facility.

(2) A volunteer who is temporarily unable to fulfill visitation or other program responsibilities may request or be placed on leave of absence. As defined in this Part, leave of absence may be granted due to:

(A) illness or family illness;

(B) vacation or extended travel; or

(C) a reason approved by the ombudsman supervisor.

(3) Leave of absence must not exceed three months duration. When the volunteer is unable to resume official duties by the end of the three-month period, the area supervisor notifies the Office and the volunteer's designation is withdrawn.

(4) The volunteer may request voluntary designation withdrawal from the Program at any time and be designated again when requirements are met.

(5) A volunteer that returns to service within one year of withdrawal of designation is not required to complete the initial two-day volunteer training but must be screened for potential conflicts of interests and complete the OSDH National Fingerprint Background Check.

(c) Ombudsman participation as a citizen observer in unannounced inspections by OSDH is allowed by the Oklahoma Nursing Home Care Act, the Oklahoma Residential Care Act, and the Federal Nursing Home Reform Act.

(1) Office staff and designated ombudsman volunteers may participate.

(2) Inspection schedule information is kept in a locked file and access is restricted to Office staff.

(3) The location of the inspection is shared by Office staff only with the area ombudsman supervisor.

(4) The ombudsman facility volunteer may be notified, but notification is made no earlier than the inspection date.

(5) Early notification to a facility is strictly prohibited. Penalties are set in federal statutes for early facility notifications per Section 1395i-3(g)(2)(A)(1) of the United States Code and Section 488.307 of Title 42 of the Code of Federal Regulations.

(d) When entering a facility for a visit, Office staff and volunteers notify the administrator or other charge person of their presence. If a charge person is not located, any staff person may be notified. This requirement is not intended to delay an ombudsman from proceeding promptly with a complaint investigation or resident visitation.

Okla. Admin. Code § 340:105-11-245

Added at 9 Ok Reg 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 23 Ok Reg 1062, eff 7-15-06; Amended at 24 Ok Reg 1325, eff 6-1-07

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017