Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program
Section 30.05 - Functions and Responsibilities of the State Long-term Care Ombudsman
Universal Citation: 101 MA Code of Regs 101.30
Current through Register 1531, September 27, 2024
(1) The State Ombudsman is responsible for leading and managing the Statewide Long-term Care Ombudsman Program as follows.
(a)
Functions. The
State Ombudsman will, directly or through ombudsman representatives:
1. identify, investigate, and resolve
complaints that
a. are made by, or on behalf
of, residents; and
b. relate to
action, inaction, or decisions by facilities or their staff, public agencies,
or health and social service agencies that may adversely affect the health,
safety, welfare, or rights of residents;
2. provide services to protect the health,
safety, welfare, and rights of residents;
3. inform residents how to obtain services
provided by the Ombudsman Program;
4. ensure residents have regular and timely
access to the services provided through the Ombudsman Program, and that
residents and complainants receive timely responses to requests for information
and complaints from the Ombudsman Program;
5. ensure ombudsman representatives visit
residents at one or more facility within the assigned geographic area at least
once every other week, at a time which best meets the needs of the Ombudsman
Program and residents, to ensure regular and timely access to Ombudsman Program
services;
6. represent the
interests of residents before governmental agencies and ensure that individual
residents have access to administrative, legal, and other remedies to protect
the health, safety, welfare, and rights of residents;
7. provide administrative and technical
assistance to ombudsman representatives, host agencies, and local ombudsman
programs;
8. analyze, comment on,
and monitor the development of laws, regulations, policies, and actions to
protect the health, safety, welfare, and rights of residents as set forth in
45
CFR 1324.13(a)(7);
9. provide information and recommendations to
public and private agencies, legislators, the media, and other persons
regarding problems and concerns relating to residents and the conditions of
facilities;
10. investigate all
allegations of interference, retaliation, and reprisal by an entity against a
resident, complainant, ombudsman representative, the State Ombudsman, and the
Ombudsman Program; and
11.
establish state level coordination with other programs, agencies, and entities
with responsibilities relevant to the protection of the health, safety,
welfare, or rights of residents as set forth in
45
CFR 1324.13(h).
(b)
Designation and Certification. The State Ombudsman
will determine designation, and refusal, suspension, or removal of designation,
of local ombudsman programs and certification of ombudsman representatives.
1. Local Ombudsman Programs. Where the State
Ombudsman chooses to designate local ombudsman programs, the State Ombudsman
will:
a. require as a condition of
designation that the local ombudsman program be organizationally located within
a public agency or nonprofit organization;
b. review and approve plans or contracts
governing local ombudsman programs in coordination with EOHHS; and
c. monitor, on a regular basis, the
performance of the local ombudsman program.
2. The State Ombudsman will establish
certification requirements for ombudsman representatives, consistent with the
requirements of
45
CFR 1324.13(c), including
training and continuing education requirements.
3. The State Ombudsman will investigate
allegations of misconduct by ombudsman representatives in the performance of
Ombudsman Program duties and coordinate such investigations with EOHHS, the
local ombudsman program, and the host agency, as applicable.
(c)
Ombudsman Program
Records. The State Ombudsman will manage the Ombudsman Program
records consistent with 101 CMR 30.15 and maintain a statewide uniform
reporting system to collect and analyze data relating to complaints and
conditions in facilities for the purpose of identifying and resolving
complaints.
(d)
Fiscal
Management. The State Ombudsman will determine the use of fiscal
resources appropriated or otherwise available for the operation of the
Ombudsman Program. The State Ombudsman will establish financial and
administrative systems and procedures that comply with federal and state laws
and requirements including, but not limited to, approving all budgets and
expenditures of the Ombudsman Program and the local ombudsman programs as set
forth in
45
CFR 1324.13(f).
(e)
Annual Report.
The State Ombudsman will independently develop and provide final approval of an
annual report as set forth in M.G.L. c. 6, § 16CC(g)(v) and
45
CFR 1324.13(g), or as
directed by the Secretary or other federal requirement.
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