218 R.I. Code R. 218-RICR-40-00-1.3

Current through December 3, 2024

Section 218-RICR-40-00-1.3 - General Requirements

1.3.1Establishment of the Program

A. Pursuant to R.I. Gen. Laws Chapter 42-66.7, the Rhode Island General Assembly established a program of the long term care ombudsperson to be administratively attached to the Division in accordance with its mandate under R.I. Gen. Laws § 42-66-4, as amended, and the Older Americans Act, 42 U.S.C. § 3001 et seq.

B. The purpose of the program is:

1. advocating on behalf of residents and identifying, investigating and resolving through mediation, negotiation, and administrative action complaints filed by residents or individuals acting on their behalf; and

2. identifying, investigating and resolving through mediation, negotiation, and administrative action complaints filed by any individual organization or government agency that has reason to believe that a long term care facility, organization or government agency (which government agency is responsible for the regulation, inspection, visitation, or supervision of facilities or which provides services to residents of facilities) has engaged in activities, practices or omissions that constitute a violation of applicable statutes or regulations or that may have an adverse effect upon the health, safety, welfare, rights or the quality of life of residents of long term care facilities.

C. The Division shall carry out the program through the establishment and operation of an office of long term care ombudsperson (the "Office").

1. The Division may operate the Office and carry out the program, directly and/or by contract or other arrangement with any public agency or non-profit organization.

2. The Division may not enter into such contract or other arrangement with:

a. an agency or organization that is responsible for licensing or certifying long term care services in the State; or

b. an association (or an affiliate of such an association) of long term care facilities or of any other residential facilities for older individuals.

D. The Office shall be headed by an individual, to be known as the ombudsperson (the "ombudsperson"), who shall be selected from among individuals with expertise and experience in the fields of long term care and advocacy.

1. The ombudsperson shall serve on a full-time basis, and shall, personally or through representatives of the Office, perform the functions and duties set forth in R.I. Gen. Laws Chapter 42-66.7, as amended, as well as in §712 of the Older Americans Act, 42 U.S.C. § 3058g, as amended.

2. "Full-time basis" means that the ombudsperson position is full-time and the individual who serves as the ombudsperson has no duties other than those set forth in the immediately preceding sentence.

3. The ombudsperson shall not be the chief executive officer or executive director (or any individual holding an equivalent office) of any public agency or non-profit organization.

1.3.2Nondiscrimination and Civil Rights Policy

The ombudsperson shall be responsible for maintaining a policy of nondiscrimination in the provision of services to participants and in the employment of staff without regard to race, color, creed, national origin, gender, sexual orientation, age, or disability, in accordance with all applicable state and federal statutes, regulations, and local ordinances.

1.3.3Compliance with All Laws, Codes, Rules and Regulations

The ombudsperson shall be responsible for complying with all local, state, and federal laws, codes, rules and regulations that apply to the Office. The governing body of an organization outside of the Division within which the Office is situated shall be responsible for ensuring that the ombudsperson performs his or her duties in compliance with all local state, and federal laws, codes, rules and regulations that apply to the Office.

1.3.4Annual Reporting

A. The ombudsperson shall submit an annual report of the activities of the Office and the ombudsperson's activities concerning facilities and the protection of the rights of residents of the facilities with the federal Assistant Secretary for Aging, Director, Governor, General Assembly, Director of the Rhode Island Department of Health, Chair of the Long Term Care Coordinating Council and all other appropriate governmental entities.

B. The annual report shall:

1. Describe the activities carried out by the Office in the year for which the report is prepared;

2. Contain and analyze the data collected in accordance with The Older Americans Act, §712(c)(1);

3. Evaluate the problems experienced by, and the complaints made by or on behalf of residents;

4. Contain recommendations for:

a. improving the quality of the care and life of the residents; and

b. protecting the health, safety, welfare, and rights of the residents;

5. Analyze the success of the program including success in providing services to residents of board and care facilities and other similar adult care facilities; and

6. Identify barriers that prevent the optimal operation of the program;

7. Provide policy, regulatory, and legislative recommendations to solve identified problems, to resolve the complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers;

8. Contain a list of all members of the governing body and their professional affiliations, employees, and contractors of the Office, including a listing of all legal counsel who assist the ombudsperson in the performance of the official duties of the Office and provide advice and consultation needed to protect the health, safety, welfare, and rights of residents;

9. Contain any other requirements of §712(h)(1) of The Older Americans Act, 42 USC § 3058g(h), as the same may be amended from time to time.

C. The annual report referred to in the Section shall be submitted no later than thirty (30) days after the year that the report covers.

D. The report shall be made available to the public by the Office of the Long Term Care Ombudsperson. In addition, the report shall be made available on the website of the Division of Elderly Affairs and the website of the long term care ombudsperson or the organization within which the ombudsman is located, within ten (10) days of the report's submission to the Office.

1.3.5Interagency Cooperation

Nothing in R.I. Gen. Laws Chapter 42-66.7, as amended, shall be construed to be a limitation of the powers and responsibilities assigned by law to other state agencies or departments.

1.3.6Cooperation Required

A. The ombudsperson may request from any government agency, and the agency is authorized and directed to provide, any cooperation and assistance, services, and data as will enable the ombudsperson to properly perform or exercise any of his or her functions, duties and powers under R.I. Gen. Laws Chapter 42-66.7, as amended, and the rules and regulations herein.

B. The ombudsperson shall, to the extent permissible under the provisions of §712 of the Older Americans Act, 42 U.S.C. § 3058g, as amended, cooperate and assist other government agencies in their investigations, such as the Department of Health, the Department of Attorney General, the Department of Human Services and any other pertinent department or agency.

218 R.I. Code R. 218-RICR-40-00-1.3