Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 15 - AGING SERVICES
Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM
Section 15-6-010 - DECERTIFICATION OF OMBUDSMAN ADVOCATES

Universal Citation: 15 NE Admin Rules and Regs ch 6 ยง 010

Current through March 20, 2024

Cause for decertification of an ombudsman advocate may include the following:

(A) Any conduct which adversely affects the performance of his or her duties as ombudsman advocate, or which adversely affects the sponsoring agency's ability to provide services under the Act or these regulations;

(B) Disclosure of information relating to any complaints or investigations made pursuant to the Act that identifies complainants, patients, residents, or clients to any individual or agency unless such disclosure is:

(i) Authorized in writing by the complainant, resident or resident representative or the legal guardian or legal representative of such individual;

(ii) Necessary for the provision of services to the patient, resident or client and the patient, resident or client is unable to express written or oral consent; or

(iii) Made pursuant to court order;

(C) Failure to comply with the policies and procedures of the local long-term care program or these rules and regulations; or

(D) Having a conflict of interest as described in this Chapter that has not been resolved or has not been disclosed by the ombudsman advocate to the state long-term care ombudsman.

010.01 DECERTIFICATION PROCESS. The process of decertification is:

(A) The local long-term care ombudsman will investigate and document the reasons for pursuing the decertification process;

(B) Upon determination that valid reason exists to decertify an ombudsman advocate, the local long-term care ombudsman program will recommend to the Office that the ombudsman advocate be decertified;

(C) The Office will review the recommendations and take decertification action, as appropriate;

(D) The Office will send a letter to the ombudsman advocate stating that decertification has been requested by the local long-term care ombudsman program, has been approved by the Office and the reasons for such action; and

(E) The Office, in consultation with the local long-term care ombudsman program, may temporarily suspend an ombudsman advocate pending completion of the investigation and appeal of the decision.

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