Current through Register Vol. 47, No. 6, September 18, 2024
(1) Application. Any individual may apply to
the office of the state long-term care ombudsman program to become a certified
volunteer long-term care ombudsman.
a.
Application forms. Application forms may be obtained from the
office of the state long-term care ombudsman program at the department on aging
address listed in 17-subrule 2.3(2) or from other organizations designated by
the department.
b.
Submission of forms. Each applicant shall complete an
application and submit it to the department address listed in 17-subrule
2.3(2).
(2) Conflict of
interest.
a. Prior to certification,
applicants for the certified volunteer long-term care ombudsman program must
not have a conflict of interest or have had a conflict of interest within the
past two years in accordance with the Older Americans Act. A conflict of
interest shall be defined as:
(1) Employment
of the applicant or a member of the applicant's immediate family within the
previous year by a long-term care facility or by the owner or operator of any
long-term care facility;
(2)
Current participation in the management of a long-term care facility by the
applicant or a member of the applicant's immediate family;
(3) Current ownership or investment interest
(represented by equity, debt, or other financial relationship) in an existing
or proposed long-term care facility or long-term care service by the applicant
or a member of the applicant's immediate family;
(4) Current involvement in the licensing or
certification of a long-term care facility or provision of a long-term care
service by the applicant or a member of the applicant's immediate
family;
(5) Receipt of remuneration
(in cash or in kind) under a compensation arrangement with an owner or operator
of a long-term care facility by the applicant or a member of the applicant's
immediate family;
(6) Acceptance of
any gifts or gratuities from a long-term care facility or a resident or a
resident's representative;
(7)
Acceptance of money or any other consideration from anyone other than the
office of the state long-term care ombudsman for the performance of an act in
the regular course of long-term care;
(8) Provision of services while employed in a
position with duties that conflict with the duties of a certified volunteer
long-term care ombudsman;
(9)
Provision of services to residents of a facility in which a member of the
applicant's immediate family resides; or
(10) Participation in activities which
negatively affect the applicant's ability to serve residents or which are
likely to create a perception that the applicant's primary interest is other
than as an advocate for the residents.
b. Immediate family shall be defined as
father, mother, son, daughter, brother, sister, aunt, uncle, first cousin,
nephew, niece, wife, husband, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepparent, stepbrother,
stepchild, stepsister, half sister, half brother, grandparent or
grandchild.
(3)
Applicants shall not be accepted into the program if:
a. It is determined that the applicant has a
conflict of interest as listed in subrule 8.6(2); or
b. The applicant has unfavorable references,
which shall include a DCI criminal background check and abuse check;
c. The applicant lives in any part of a
continuing care retirement community, or any housing owned by the long-term
care facility in which the volunteer would function.
(4) Training. Prior to certification,
applicants must successfully complete the required training as approved by the
office of the state long-term care ombudsman. Successful completion shall be
defined as completion of all assignments and tasks during training,
demonstration of proper techniques and skills, and an understanding of the role
of the certified volunteer long-term care ombudsman in the long-term care
setting. The applicant shall complete a minimum of 12 hours of approved
training, which shall include, but not be limited to:
a. History and overview of resident's
advocate/ombudsman program;
b.
Terminology;
c. Resident
rights;
d. State and federal law,
rules and regulations regarding long-term care facilities;
e. Regulatory process in long-term care
facilities;
f Aging process, common
medical conditions and terminology;
g. Life in a long-term care facility and
culture change;
h. Communication
skills;
i.
Confidentiality;
j. Problem solving
and documentation, and follow-up of complaints;
k. Dynamics of abuse and neglect;
l. Ethics; and
m. Resources for certified volunteer
long-term care ombudsmen.
(5) Approval for certification. Final
approval for certification as a certified volunteer long-term care ombudsman
shall be made by the office of the state long-term care ombudsman and shall be
subject to the applicant's successful completion of the required training and
to a favorable report from the instructor. The office of the state long-term
care ombudsman has the right to require that the applicant receive additional
personal training prior to certification and has the right to deny
certification to applicants not meeting the above training criteria.
(6) Certification.
a. Notification. A certified volunteer
long-term care ombudsman shall be notified in writing within 14 days following
the conclusion of the training program if certification has been continued or
revoked.
b. Certification shall
initially be for one year, with recertification available following the
certified volunteer's completion of a minimum often hours of approved
continuing education in the first year and completion of a progress review by
the office of the state long-term care ombudsman.
c. After the certified volunteer's successful
completion of one year as a certified volunteer long-term care ombudsman, the
office of the state long-term care ombudsman may recertify the certified
volunteer for a two-year period.
(7) Continuing education.
a. All certified volunteer long-term care
ombudsmen shall complete a minimum of ten hours of continuing education the
first year and a minimum of six hours of continuing education each year
thereafter. Continuing education may include, but is not limited to:
(1) Scheduled telephone conference calls with
representatives from the office of the state long-term care ombudsman
program;
(2) Governor's conference
on aging;
(3) Area Alzheimer's
disease conferences;
(4) Elder
abuse conferences;
(5) Courses
related to aging conducted by a local community college or university or via
the Internet;
(6) Other events as
approved in advance by the office of the state long-term care
ombudsman.
b. Certified
volunteer long-term care ombudsmen are responsible for reporting continuing
education hours to the office of the state long-term care ombudsman or designee
within 30 days following the completion of the continuing education
event.
(8) Contesting an
appointment. A provider who wishes to contest the appointment of a certified
volunteer shall do so in writing to the office of the state long-term care
ombudsman. The final determination shall be made by the office of the state
long-term care ombudsman within 30 days after receipt of notification from the
provider.
(9) Certification
revocation.
a.
Reasons for
revocation. A certified volunteer long-term care ombudsman's
certification may be revoked by the office of the state long-term care
ombudsman for any of the following reasons: falsification of information on the
application, breach of confidentiality, acting as a certified volunteer
long-term care ombudsman without proper certification, attending less than the
required continuing education training, voluntary termination, unprofessional
conduct, failure to carry out the duties as assigned, or actions which are
found by the office of the state long-term care ombudsman to violate the rules
or intent of the program.
b.
Notice of revocation. The office of the state long-term care
ombudsman shall notify the certified volunteer and the facility in writing of a
revocation of certification.
c.
Request for reconsideration. A request for reconsideration or
reinstatement of certification may be made in writing to the office of the
state long-term care ombudsman. The request must be filed within 14 days after
receipt of the notice of revocation.
d.
Response time. The office
of the state long-term care ombudsman shall investigate and consider the
request and notify the requesting party and the facility of the decision within
30 days of receipt of the written request.
(10) Access.
a.
Visits to facilities. A
certified volunteer long-term care ombudsman may enter any long-term care
facility without prior notice. After notifying the person in charge of the
facility of the certified volunteer long-term care ombudsman's presence, the
certified volunteer long-term care ombudsman may communicate privately and
without restriction with any resident who consents to the
communication.
b.
Visits to
resident's living area. The certified volunteer long-term care
ombudsman shall not observe the private living area of any resident who objects
to the observation.
(11)
Duties. The certified volunteer long-term care ombudsman shall assist the
office of the state long-term care ombudsman or designee in carrying out the
duties described in the Older Americans Act. Primary responsibilities of a
certified volunteer long-term care ombudsman shall include:
a. Conducting initial inquiries regarding
complaints registered with the office of the state long-term care
ombudsman;
b. At the request of the
office of the state long-term care ombudsman or designee, providing follow-up
visits on cases investigated by the office of the state long-term care
ombudsman or designee;
c.
Attending, assisting with, or providing technical assistance to resident and
family council meetings as needed;
d. At the request of the office of the state
long-term care ombudsman or designee, making follow-up visits to a facility
after a department of inspections and appeals survey or complaint investigation
to monitor the progress and changes listed in the plan of correction or to
monitor the correction of deficiencies;
e. Tracking, monitoring and following up on
publicly available information regarding facility performance;
f. Identifying concerns in a
facility;
g. Completing all reports
and submitting them to the office of the state long-term care ombudsman in a
timely manner; and
h. Completing
exit interviews when the certified volunteer ombudsman resigns.
