P.R. Laws tit. 3, § 1976e
The Advocate shall have, without it being construed as a limitation, the following functions, powers and duties in order to meet the purposes of this chapter:
(a) Receive, address, investigate, process, settle and adjudicate complaints related to actions and omissions that impair the rights of the elderly, deny them benefits and opportunities to which they are entitled and affect benefit programs; and grant the pertinent remedies pursuant to the law, as well as direct that corrective actions be taken by any natural or juridical person or any agency that denies, hinders, violates or affects the rights and benefits of the elderly.
(b) Take measures for the processing of claims that lead to the achievement of the purposes of this chapter, including legal counsel or other expertise or service to support the processing of these claims. For these purposes, the Advocate may furnish, directly or through contracting or referral and at his/her discretion, legal, professional, medical, expert or technical services or appear for and in representation of the elderly persons who qualify to obtain a benefit or right under the laws and regulations of the Commonwealth of Puerto Rico or under municipal ordinances and federal laws, before any court, administrative or mediation forum, board, commission or office.
(c) Conduct investigations by his/her own initiative or in connection with the complaints he/she investigates; obtain information as pertinent; hold administrative hearings; and conduct on-site inspections. Hearings before the Office shall be public, unless a reason of public interest justifies their holding to be in private.
(d) Adopt any rules and regulations as necessary to carry out the purposes of this chapter.
(e) Take oaths and statements per se or through his/her authorized representatives.
(f) Inspect records, inventories, documents and facilities of the agencies or private entities when pertinent and necessary for an investigation or complaint before his/her consideration. In this respect, the Advocate or his/her representatives shall have access to inspect any document or register existing in long-term care establishments, with the social history and medical care of their elderly residents, except when the elderly person per se or through his/her legal representative or tutor objects thereto. The person in charge of the establishment may also be required to present documents that prove that it meets the requirements of licensing and certificates issued by agencies or private entities that guarantee that the elderly are receiving the attention and care by the personnel certified to administer them.
(g) Order the appearance and testimony of witnesses, require the presentation or reproduction of any papers, books, documents and other evidence pertinent to an investigation or complaint before his/her consideration.
(h) Require per se or request the assistance of any Court of First Instance for the attendance, testimony, reproduction or inspection of documents when a duly summoned witness fails to appear or to produce the evidence he/she has been required or when he/she refuses to answer any question or to allow the inspection requested pursuant to the provisions of this chapter. To this effect, the Secretary of Justice shall provide the Advocate with the legal assistance necessary for these purposes if so requested by the Advocate, who may opt to appear through his/her attorneys. The presentation of testimony and the information and inspection shall be subject to the provisions of §§ 591 et seq. of Title 1.
(i) Impose and collect administrative fines for up to a maximum of ten thousand dollars ($10,000) for actions or omissions that impair the rights of the elderly covered under the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico and the laws of the Commonwealth of Puerto Rico, and he/she may fix compensation for damages caused in the pertinent cases.
(j) Impose on the party who does not prevail in a quasi-judicial proceeding the obligation to pay attorney’s fees and expenses, when pertinent pursuant to the law.
(k) Appoint, pursuant to regulations, Auxiliary Advocates and/or Examining Officers to comply with the purposes of this chapter.
(l) Receive, investigate and settle complaints from elderly persons residing in long-term establishments, or those which have been presented in their best interest.
(m) Establish procedures as necessary for the receipt and processing of complaints and conduct investigations per se or through his/her representatives.
(n) Investigate administrative actions or omissions in long-term care establishments and those of purveyors who render services to the elderly at said establishments that contravene the rights guaranteed for said citizens under the provisions of §§ 341 et seq. of Title 8, known as the “Bill of Rights of the Aged Person of Puerto Rico”.
(o) Render not later than January 31 of every year a complete and detailed report to the Governor and the Legislature of the Commonwealth of Puerto Rico on his/her achievements, petitions, filed and addressed complaints, statistical data, use of resources and activities carried out by the Office during the fiscal year preceding the date of filing.
(p) Guarantee the confidentiality of all documents examined and gathered in the course of the investigation and processing of a complaint filed under this chapter and the provisions of applicable federal and Commonwealth laws. Confidentiality shall be guaranteed for complainants, witnesses, patients or residents, until authorization is obtained from said complainants, witnesses, patients, residents or their legal representatives or tutors to disclose such information. Neither the Advocate nor his/her representatives may be compelled to testify on information obtained in the course of an investigation, except in those cases in which they can be legally compelled to do so by competent judicial forums.
(q) Any other function as necessary for the implementation of this chapter.
It is hereby declared that interference by any natural or juridical person with the functions inherent to the position of Advocate and his/her representatives shall be illegal. It shall also be illegal for any person per se or in representation of a long-term care establishment to take reprisals, discriminate or penalize a resident, patient or employee of said establishment for having filed a complaint or having provided information to the Advocate or his/her representative. In addition, neither the Advocate nor his/her representative may be made civilly or criminally liable for the bonafide performance of their functions pursuant to the established in this chapter and the provisions for the position in Public Law No. 89-73 of July 14, 1965, as amended, known as the “Older Americans Act of 1965”.
Lastly, it is hereby declared that the functions and duties of the position of the Advocate for Elderly Long-Term Care Establishment Residents shall befall simultaneously within the position of the Advocate, pursuant to the required and established in Public Law No. 89-73 of July 14, 1965, as amended, known as the “Older Americans Act of 1965”.
History —Aug. 7, 2004, No. 203, § 8.