Section 0030-01-09-.01 - LONG TERM CARE OMBUDSMAN PROGRAM AUTHORITY, SCOPE, AND DEFINITIONS(1) Pursuant to the requirements set forth in 42 U.S.C. 307(a) (12), the state agency on aging shall operate a statewide long-term care ombudsman program in cooperation with the area agencies on aging.(2) The purview of ombudsman services shall extend to residents and potential residents of long-term care facilities.(3) Definitions: (a) The term "ombudsman" means a person working within the state aging network to carry out responsibilities mandated by 42 U.S.C. 307(a) (12.(b) The term "designated ombudsmen" means persons designated by either the state agency on aging or by area agencies on aging to carry out responsibilities of the statewide ombudsman program as mandated by 42 U.S.C. 307(a) (12), and Sections 0030-9-3 and 0030-9-4 of Policies and Procedures for Programs on Aging, the state agency policy manual, which is available in the state agency on aging and all area agency on aging offices.1. The term "state ombudsman" means the designated ombudsman of the state agency on aging (as required by 45 CFR 1321.43 (c) to carry out state agency responsibility as required by 42 U.S.C. 307(a) (12) and Sections 0030-9-3 and 0030-9-4 of Policies and Procedures for Programs on Aging.2. The term "district ombudsmen" means the designated ombudsmen selected by area agencies on aging who are trained to carry out district and community level responsibilities as required by 42 U.S.C. 307(a) (12) (A) and Sections 0030 - 9 - 3 and 0030-9-4 of Policies and Procedures for Programs on Aging.(c) The term "representatives of ombudsmen" means persons, paid or volunteer, who are selected, trained, and supervised by designated ombudsmen to assist district ombudsmen in fulfilling the mandate of 42 U.S.C. 307(a) (12) (A) and Sections 0030-9-3 and 0030-9-4 of Policies and Procedures for Programs on Aging.(d) The term "long-term care facility" means any nursing home, institutional home for the aged, or residential home for the aged either licensed or subject to licensure by the Tennessee Department of Public Health under provision of T.C.A. §53-1301 et seq.; group homes and boarding homes either licensed or subject to licensure by the Tennessee Department of Mental Health and Mental Retardation under provision of T.C.A. §33- 1801 et seq.; and, any similar type of homes operating within the state that are subject to licensure by either state department.(e) The term "access" means the right to enter any long-term care facility; to communicate privately and without restriction with any resident who consents to the communication; to seek consent to communicate privately and without restriction with any resident; and to inspect a resident's records under conditions set out in 0030-1-9-.03.Tenn. Comp. R. & Regs. 0030-01-09-.01
Original rule filed July 6, 1982; effective August 6, 1982. Amendment filed April 26, 1983; effective May 26, 1983.Authority: T.C.A. § 14-6-105.