Section 17a-870 - (Formerly Sec. 17a-405). Office of the Long-Term Care Ombudsman. Regional ombudsmen. Appointments. Inclusion in classified service. Definitions(a) As used in this chapter: (1) "State agency" means the Department of Aging and Disability Services.(2) "Office" or "Office of the Long-Term Care Ombudsman" means the organizational unit which is headed by the State Long-Term Care Ombudsman established in this section.(3) "State Ombudsman" means the individual who heads the office established in this section.(4) "Program" means the long-term care ombudsman program established in this section.(5) "Representative of the office" includes a regional ombudsman, a residents' advocate or an employee of the Office of the Long-Term Care Ombudsman who is individually designated by the State Ombudsman.(6) "Resident" means an individual who resides in a long-term care facility.(7) "Long-term care facility" means any skilled nursing facility, as defined in Section 1819(a) of the Social Security Act, (42 USC 1395i-3(a)) any nursing facility, as defined in Section 1919(a) of the Social Security Act, (42 USC 1396r(a)) a board and care facility as defined in Section 102(19) of the federal Older Americans Act, (42 USC 3002(19)) and for purposes of ombudsman program coverage, an institution regulated by the state pursuant to Section 1616(e) of the Social Security Act, (42 USC 1382e(e)) and any other adult care home similar to a facility or nursing facility or board and care home.(8) "Commissioner" means the Commissioner of Aging and Disability Services.(9) "Applicant" means an individual who has applied for admission to a long-term care facility.(10) "Resident representative" means (A) an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (B) a person authorized by state or federal law to act on behalf of the resident in order to support the resident in decision making, accessing medical, social or other personal information of the resident, managing financial matters, or receiving notifications; (C) a legal representative, as used in Section 712 of the Older Americans Act; or (D) the court-appointed guardian or conservator of a resident.(b) There is established an independent Office of the Long-Term Care Ombudsman within the Department of Aging and Disability Services. The Commissioner of Aging and Disability Services shall appoint a State Ombudsman who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy to head the office and the State Ombudsman shall appoint regional ombudsmen. In the event the State Ombudsman or a regional ombudsman is unable to fulfill the duties of the office, the commissioner shall appoint an acting State Ombudsman and the State Ombudsman shall appoint an acting regional ombudsman.(c) Notwithstanding the provisions of subsection (b) of this section, on and after July 1, 1990, the positions of State Ombudsman and regional ombudsmen shall be classified service positions. The State Ombudsman and regional ombudsmen holding said positions on said date shall continue to serve in their positions as if selected through classified service procedures. As vacancies occur in such positions thereafter, such vacancies shall be filled in accordance with classified service procedures.(d) The activities of the State Ombudsman or representatives of the office do not constitute lobbying under 45 CFR Part 93.Conn. Gen. Stat. § 17a-870
(P.A. 77-575, S. 1, 23; P.A. 81-167; P.A. 88-206, S. 3; P.A. 90-204, S. 1, 3; P.A. 93-262 , S. 1 , 87 ; P.A. 99-176 , S. 1 , 24 ; P.A. 13-125 , S. 9 ; June Sp. Sess. P.A. 17-2 , S. 300 ; P.A. 18-6 , S. 1 ; 18-169 , S. 24 .)
Section 17a-405 was transferred to section 17a-870 in 2023.Amended by P.A. 19-0157, S. 50 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 18-0169, S. 24 of the Connecticut Acts of the 2018 Regular Session, eff. 6/14/2018.Amended by P.A. 18-0006, S. 1 of the Connecticut Acts of the 2018 Regular Session, eff. 5/14/2018.Amended by P.A. 17-0002, S. 300 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.