12 CCR 2510-1-10.420.2 - Colorado Long Term Care Ombudsman Responsibilities and Requirements [Rev. eff.2/1/16]

The CLTCO shall serve on a full-time basis and shall, personally or through representatives of the Office, perform the following duties and responsibilities in implementing a statewide Long-Term Care Ombudsman:

A. Establish and publish statewide policies and procedures for operating the Long-Term Care Ombudsman in collaboration with the SUA, AAAs, and Local LTC Ombudsman offices. This shall include procedures to identify, investigate, and resolve complaints that are:

1. Made by, or on behalf of, elderly residents; and,

2. Related to actions, inactions, or decisions that may adversely affect the health, safety, welfare, or rights of the resident, including the welfare or rights of the residents with respect to the appointment and activities of guardians and representative payees, by:

a. Providers, or representatives of providers, of long-term care services;

b. Public agencies, including the Colorado Department of Human Services; or,

c. Health and social service agencies, including County Department(s) of Social or Human Services;

B. Provide services to assist residents in protecting the health, safety, welfare, and rights of the residents;

C. Represent the interests of residents before governmental agencies;

D. Seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents;

E. Inform residents about means of obtaining services from providers or agencies;

F. Ensure that residents have regular and timely access to services provided through the CLTCO Program and that residents and complainants receive timely responses from representatives of the CLTCO Program to complaints as described at Section 10.420.4, E and F;

G. Residents under age sixty (60) are eligible for ombudsman services only when the assistance:

1. Would generally benefit all residents of the facility; or,

2. Is the only avenue of assistance available to the resident; and would not significantly diminish services for older residents.

H. Establish procedures to analyze, monitor, and comment on the development and implementation of federal, state, and local laws and regulations, and other governmental policies and actions, pertaining to the health, safety, welfare, and rights of residents, with respect to the adequacy of long-term care facilities and services in Colorado;

I. Provide information to public and private agencies, legislators and others, as deemed necessary by the CLTCO regarding the problems and concerns of older adults residing in long-term care facilities;

J. Recommend changes in laws, regulations, policies, and other actions as appropriate;

K. Facilitate public comment on laws, regulations, policies, and actions;

L. Provide administrative and technical assistance to local LTC ombudsman offices;

M. Promote the development of citizen organizations to participate in the program;

N. Provide technical support for the development of resident and family councils to protect the well-being and rights of residents;

O. Provide training as required for representatives of the CLTCO, including unpaid volunteers, as described in Section 10.420.6;

P. Prohibit any representative (other than the CLTCO) from carrying out any activities on behalf of the CLTCO unless the representative:

1. Has received the required training; and,

2. Has been certified by the CLTCO as qualified to carry out activity on behalf of the CLTCO.

Q. Coordinate LTC ombudsman services with the protection and advocacy systems for individuals with intellectual and developmental disabilities and mental illness established under state and federal laws;

R. In conjunction with the AAA and SUA, designate a Local LTC Ombudsman entity to serve each Planning and Service Area (PSA) of the State;

S. Prepare a notice informing residents of long-term care ombudsman services for display at long-term care facilities to include the following:

1. Name, address, and toll-free phone number of the CLTCO; and,

2. Name, address, and phone number of the nearest Local LTC Ombudsman.

T. Pursue administrative, legal, or other appropriate remedies on behalf of residents for the purpose of effectively carrying out the long-term care ombudsman program;

U. Coordinate, to the greatest extent possible, LTC ombudsman services with legal assistance services through adoption of Memoranda of Understanding or other means;

V. Coordinate services with state and local law enforcement agencies and courts of competent jurisdiction;

W. Prepare an annual report:

1. Describing the activities carried out by the CLTCO in the year for which the report is being prepared;

2. Containing and analyzing data collected as described in Section 10.420.8;

3. Evaluating the issues or problems experienced by, and the complaints made by, or on behalf of, residents;

4. Analyzing the success of the program including success in providing services to residents in facilities as described in Section 10.420.5;

5. Identifying of barriers that prevent optimal operation of the program;

6. Providing policy, regulatory, and legislative recommendations to:

a. Solve identified problems;

b. Resolve complaints;

c. Improve the quality of care and life for residents;

d. Protect the health, safety, welfare, and rights of residents; and,

e. Remove barriers to optimal operation of the program and improve the quality of care and life in long-term care facilities.

7. Providing recommendations of program or policy changes.

X. Make the annual report available to the public and submit copies to the Assistant Secretary of Health and Human Services, the Governor, the State legislature, the State agency responsible for licensing or certifying long-term care facilities, the SUA, the AAA, Local LTC Ombudsman, and other appropriate governmental entities; and,

Y. Any other duties and functions assigned to the CLTCO by the SUA.

Notes

12 CCR 2510-1-10.420.2

39 CR 01, January 10, 2016, effective 2/1/2016