Current through Register No. 40, October 3, 2024
(a) Cases and case files shall only be opened
by LTCO for complaints investigated by the OLTCO.
(b) During the course of the investigation,
the LTCO or LTCO designee shall:
(1)
Personally discuss the complaint with the resident, or if the resident is
unable to communicate, with the personal patient representative or legal
representative;
(2) Determine the
resident's perspective and wishes relating to the investigation and resolution
of the complaint. If the resident is unable to communicate, determine the
perspective and wishes of the resident after discussion with the resident's
personal patient representative or legal representative;
(3) Obtain informed consent from the resident
or the personal patient representative or legal representative in order to
investigate, seek a resolution, report the complaint or related information, or
share the resident's personal identifying information as permitted or
authorized during the investigation or referral of the complaint;
(4) Keep the resident informed throughout the
course of the investigation and obtain the resident's perspective and elicit
further input and direction;
(5) If
the complaint was generated by a complainant, obtain a detailed statement of
the incident or the facts and circumstances of the complaint from the
complainant and determine the resident's wishes with respect to resolving the
complaint;
(6) Advise the resident,
of his or her rights under
RSA
151:21 and work to develop a plan of action
in order to resolve the complaint;
(7) Investigate the complaint by conducting
interviews with the complainant, resident(s), facility administrator(s), staff
and any other person(s) who may have information relevant to the
complaint;
(8) Obtain written
statements if possible, and review information contained in facility records
and other records as authorized by
RSA
161-F:14 and within Omb 405.03;
(9) Determine whether the complaint is
verified by a preponderance of evidence according to Omb 405.03;
(10) Determine if complaint is resolved to
the satisfaction of the resident. If the resident is unable to communicate
satisfaction the LTCOR shall determine satisfaction through communication with
the personal patient representative or legal representative as determined by
law;
(11) Notify the resident(s),
the personal patient representative, or legal representative of the
determination once it is made and further disclose the determination with the
resident's permission;
(12) Request
a statement from the resident, personal patient representative of legal
representative that describes the incident or situation;
(13) If the complaint is being made by a
healthcare facility representative, obtain a copy of the report documenting the
complaint completed by the facility; and
(14) Obtain documentation of statements made
by any witness or staff involved.
(c) The case file shall contain the complaint
and all information obtained during the investigation.
(d) During the course of the investigation,
the LTCO or LTCOR shall only reveal personal identifying information of the
resident without informed consent, as authorized by RSA 161-F: 13, II, or Omb
404.01(f)-(i) above.
(e) Pursuant
to
RSA
161-F:14, when conducting investigations, the
LTCO and LTCOR shall be authorized to:
(1)
Enter any facility and visit where the alleged incident or situation took
place;
(2) Communicate privately
and without restrictions with any resident who consents to the
communication;
(3) Observe all
common areas of the facility, except for the living area of any resident who
objects to the observation; and
(4)
Conduct announced or unannounced visits during the time of day that the alleged
incident or situation was alleged to have taken place.
(f) During the investigation, the long-term
care ombudsman, or long-term care ombudsman representative shall interview the
resident about the complaint.
(g)
If the resident does not wish the OLTCO to act on a complaint, the LTCO or
LTCOR shall close the complaint, unless:
(1)
Circumstances described in Omb 404.02 exist; or
(2) There is a suspected violation of the
standards listed in RSA 151-a, I(a) presenting an immediate risk to the
resident or other residents.
(h) If the LTCO determines to act on a
complaint without resident consent, the LTCOR shall notify the resident, the
personal patient representative, or legal representative, or the complainant,
if the complainant was not the resident, that the investigation shall
continue.
