Utah Admin. Code 510-200-3

Current through Bulletin 2024-19, October 1, 2024

Section R510-200-3 - Program Administration

(1) The division shall establish an ombudsman office pursuant to 42 U.S.C. 3058g. The office shall be responsible for administration of the ombudsman program and shall be managed by the ombudsman.

(2) The ombudsman shall serve on full-time basis. The ombudsman may not be required to manage or perform services or duties unrelated to the program, except on a time-limited and intermittent basis.

(3) The ombudsman shall meet the following minimum qualifications:

(a) demonstrates expertise in long-term services and supports or other direct services for residents;

(b) demonstrates expertise in consumer-oriented public policy advocacy;

(c) possesses leadership and program management skills; and

(d) possesses negotiation and problem resolution skills.

(4) The ombudsman shall ensure compliance with the relevant state and federal requirements of the office and ombudsman program.

(5) The ombudsman shall be provided opportunities for training to maintain expertise to serve as an effective advocate for residents.

(6) The office shall ensure that policies and procedures exist to prohibit and investigate allegations of willful interference, retaliation, and reprisals against any individual for the filing of a complaint or cooperation with the office.

(7) The office shall enforce appropriate sanctions for willful interference, retaliation, and reprisals.

(8) The office is responsible for the following administrative requirements of the ombudsman program:

(a) providing certification and training to local ombudsman entities, staff, and volunteers;

(b) providing information to the public regarding the ombudsman program;

(c) obtaining funding and resources from state and federal sources;

(d) developing cooperative relationships with agencies involved in long-term care;

(e) resolving conflicts amongst agencies involved in long-term care;

(f) ensuring consistent reporting of ombudsman program activities;

(g) monitoring local ombudsman entities on at least an annual basis to assess the performance of local ombudsman entities;

(h) providing technical assistance to local ombudsman entities;

(i) recommending rules or policies and procedures for the implementation of the ombudsman program;

(j) overseeing personnel decisions of local ombudsman entities, including having final approval in the hiring of any local ombudsman entity's representatives;

(k) having final approval of any determination to de-certify a local ombudsman entity's representative;

(l) identifying, investigating, and resolving complaints made by or on behalf of residents and decisions of providers, public agencies, or health and social services agencies that may adversely affect the health, safety, welfare, and rights of residents;

(m) informing residents of their ability to obtain services offered by the ombudsman program;

(n) ensuring that residents have regular and timely access to services offered by the ombudsman program;

(o) engaging in long-term care advocacy, including prioritizing complaints of abuse, gross neglect, or exploitation and coordinating with statewide or national long-term care advocacy organizations;

(p) reviewing, facilitating public comment on, and recommending changes in federal, state, or local laws, regulations, and policies that pertain to the health, safety, welfare, and rights of residents; and

(q) coordinating responsibilities between the office and local ombudsman entities for the health, safety, well-being, and preservation of rights of residents.

(8) The office shall assess and monitor the use of fiscal resources appropriated or otherwise available to the office.

(9) The office shall approve allocation of funds to local ombudsman entities and shall ensure that the budgets and expenditures of local ombudsman entities adhere to state and federal requirements.

(10) The ombudsman shall prepare an annual report that includes the following:

(a) a description of the activities carried out by the office in the year for which the report is prepared;

(b) an analysis of the ombudsman program data;

(c) an evaluation of the problems experienced by or complaints made by residents;

(d) a recommendation of policy, regulatory, or legislative amendments for improving the quality of care and life or residents;

(e) an analysis the ombudsman program's ability to provide services to residents; and

(f) a description of barriers that prevent the optimal operation of the ombudsman program.

(11) Each local ombudsman entity shall provide its own annual report to the office to facilitate the creation of the ombudsman's annual report described in Subsection R510-200-3(10).

(12) The annual report described in Subsection R510-200-3(10) shall be provided to the following committees of the Utah State Legislature:

(a) House Health and Human Services Committee;

(b) Senate Health and Human Services Committee; and

(c) Social Services Appropriations Committee.

(13) The office shall maintain data and records regarding activities of the ombudsman program and complaints submitted to the office.

(14) The office shall maintain a central registry of each local ombudsman entity that contains the following information:

(a) the names, addresses, and telephone numbers of each local ombudsman entity's employee or volunteer;

(b) a summary of each local ombudsman entity's representatives' qualifications;

(c) the local area agency with which the local ombudsman entity is associated;

(d) the most recent date of certification of each local ombudsman entity's employee or volunteer;

(e) any conflict of interest; and

(f) any information pertaining to any de-certification action.

Utah Admin. Code R510-200-3

Amended by Utah State Bulletin Number 2018-12, effective 5/30/2018

Adopted by Utah State Bulletin Number 2022-09, effective 4/12/2022