Okla. Admin. Code § 340:105-11-234

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

Section 340:105-11-234 - Designation of area programs and area representatives including staff and volunteers

(a) The Office of the State Long-Term Care Ombudsman (Office) officially designates agencies serving as area or local subdivisions of the Office through an annual designation process, per Oklahoma Department of Human Services (DHS) administrative funding procedures.

(1) Area program staff and volunteer representatives are officially designated in writing by the State Long-Term Care Ombudsman (Ombudsman).

(2) Designation as an Office representative:

(A) for area staff is based on criteria necessary for satisfactory performance including, but not limited to:

(i) being free from any conflict of interest as defined by this rule and in compliance with federal and state statutes; and does not stand to gain financially through an action or potential action brought on behalf of the residents he or she serves;

(ii) meeting minimum Office job qualifications and screening standards; and

(iii) satisfactorily completing training prescribed by the Ombudsman; and

(B) as an ombudsman volunteer is accomplished through a designation process, and is based on the individual meeting criteria necessary to satisfactory performance in the position including, but not limited to, the person:

(i) being free from any conflict of interest as required by statute and defined by this Part and he or she does not stand to gain financially through an action or potential action brought on behalf of residents the ombudsman serves;

(ii) meets screening criteria set in this Part;

(iii) satisfactorily completes training prescribed by the Ombudsman; and

(iv) completes and signs:

(I) Form 02OM003E, Ombudsman Volunteer Application, agreeing to accept supervision and follow Program rules and guidelines; and

(II) the Registry and criminal history record checkconsent and release form for the Oklahoma National Fingerprint Background Check Program , authorizing the Office to conduct a national fingerprint background and registry checks.

(b) The Ombudsman has authority to refuse to designate:

(1) an individual, staff or volunteer, as an Office representative for any reasonable cause related to unsatisfactory performance in the position including, but not limited to:

(A) an unresolved or unresolvable conflict of interest;

(B) failure to satisfactorily complete training; and

(C) failure to meet screening standards for volunteers and staff including a national fingerprint background and registry check or minimum job qualifications; and

(2) an entity as a subdivision of the Office for any reasonable cause that prevents satisfactory operation of the State Long-Term Care Ombudsman Program (Program) including, but not limited to:

(A) an unresolved or unresolvable conflict of interest;

(B) failure to provide adequate assurances that Program guidelines can be met; and

(C) failure to provide assurances that the Program can be adequately funded.

(c) The Ombudsman has the authority to withdraw designation as:

(1) a subdivision of the Office from a designated entity when there is:

(A) an unresolved or unresolvable conflict of interest;

(B) a breach of the confidentiality requirement caused by the action of any staff of the designated entity as a local subdivision of the Office or of that designated entity's sponsoring agency;

(C) failure to adhere to Office policies, Federal Administration on Aging regulations, federal or state law; or

(D) any other unreasonable or prejudicial conduct substantially affecting the Program; and

(2) an Office representative from a staff person or volunteer when there is:

(A) an unresolved or unresolvable conflict of interest;

(B) breach of the confidentiality requirement;

(C) failure to adhere to Office policies or federal or state law;

(D) failure to accept program supervision from the Office; or

(E) when the prospective representative is determined to be ineligible by the Oklahoma State Department of Health National Fingerprint Background Check Program.

(d) The Ombudsman may also withdraw designation of an ombudsman volunteer when he or she:

(1) fails to file monthly reports with the ombudsman supervisor for three consecutive months, unless on approved leave of absence;

(2) fails to attend three consecutive monthly meetings, unless on approved leave of absence;

(3) fails to initiate resident visitation in assigned facility within two months after designation;

(4) misuses the "ombudsman volunteer" title or badge; or

(5) without specific authorization by the Ombudsman, represents himself or herself either verbally or by wearing a badge as an ombudsman for a facility for which the volunteer is not designated.

(e) An agency that is refused designation or from which designation is withdrawn as an designated entity or an individual refused designation or from whom designation is withdrawn as an area ombudsman staff representative may appeal the decision.

(1) Designation is not withdrawn until reasonable notice and opportunity for a hearing is provided.

(2) Notification of the right to appeal and appeal procedures are included in the letter notifying the agency or staff person of a decision to refuse or withdraw designation.

(3) A request for hearing must be submitted within 10-calendar days of the receipt of the letter of notification of the decision to refuse or withdraw designation.

(4) Hearings are conducted by the DHS Appeals Unit.

(5) The Ombudsman has authority to suspend a designated ombudsman entity or staff representative from engaging in any and all Program duties pending the conclusion of a hearing.

(6) In a case where findings of the hearing officer are contrary to federal law or rules, as determined by the Ombudsman, the Ombudsman retains the authority to refuse or withdraw designation regardless of the findings of the hearing officer.

Okla. Admin. Code § 340:105-11-234

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