Okla. Admin. Code § 340:105-1-7

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

Section 340:105-1-7 - [Effective until 9/14/2025] Advocacy assistance

(a)Long-Term Care Ombudsman Program. The Older Americans Act (OAA), Title 42 United States Code, Section 3001 through 3058, mandates establishment of an Office of the State Long-Term Care Ombudsman (LTCO) and a statewide Long-Term Care Ombudsman Program which provides advocacy services to older residents of long-term care facilities, including nursing homes, residential care and other similar adult care homes. The LTCO is located within the Office of the Oklahoma Attorney General, and operates under the general direction of the state long-term care ombudsman.

(1) Advocacy is provided through mandated activities including, but not limited to:

(A) receiving, investigating, and resolving complaints;

(B) collecting and analyzing complaints and other data;

(C) monitoring the development and implementation of federal, state, and local laws, regulations, and policies;

(D) making recommendations to address issues identified as affecting the quality of care and quality of life of residents; and

(E) providing information to the public and to public officials.

(2) The LTCO works through area ombudsman staff and volunteers at the local level, to assist in the improvement of the quality of life and quality of care available to long-term care facility residents, and has the authority to recommend courses of action.

(3) Statutory authority for access to facilities and residents, receipt of inspection and complaint reports, and participation of ombudsmen as observers in inspections is provided in the Oklahoma Nursing Home Care Act Sections 1-1901 through 1-1943 of Title 63 of the Oklahoma Statutes (63 O.S. § 1-1901 through 1-1943) and the Residential Care Act (63 O.S. § 1-820 through 1-840). Creation of the Office, protection for program representatives and complainants, and establishment of an advisory committee are provided in the Long-Term Care Ombudsman Act (63 O.S. § 1-2211). Specific policies relating to the operation of the program are located in the Rules for Implementing the OAA of 1965, as amended.

(b)Legal Services Development Program. Under federal and state law, Community Living, Aging and Protective Services provides the services of an individual, hired on a full-time basis with other personnel as needed, known as the state legal services developer, to ensure:

(1) leadership to secure and maintain the legal rights of older individuals;

(2) capacity to coordinate the provision of legal assistance;

(3) capacity to provide technical assistance, training, and other supportive functions to Area Agencies on Aging, legal assistance providers, ombudsmen, and other persons, as appropriate;

(4) capacity to promote financial management services to older individuals at risk of guardianship;

(5) capacity to assist older individuals in understanding their rights, exercising choices, benefiting from services and opportunities authorized by law, and to maintain the rights of older individuals at risk of guardianship;

(6) capacity to improve the quality and quantity of legal services provided to older individuals;

(7) capacity to analyze, comment on, monitor, develop, and promote federal, state, and local laws, rules and regulations, and other government policies and actions; and

(8) capacity to provide such information as necessary to public and private agencies, legislators, and other persons.

Okla. Admin. Code § 340:105-1-7

Amended by Oklahoma Register, Volume 42, Issue 5, November 15, 2024, eff. 10/8/2024, exp. 9/14/2025 (Emergency)