New Hampshire Code of Administrative Rules
Omb - Office of the Ombudsman in the Department of Health and Human Services
Chapter Omb 400 - OFFICE OF THE LONG-TERM CARE OMBUDSMAN
Part Omb 405 - INVESTIGATION OF COMPLAINTS
Section Omb 405.02 - Completion of the Investigation and Determinations

Universal Citation: NH Admin Rules Omb 405.02

Current through Register No. 40, October 3, 2024

(a) The LTCO shall review all information and documentation gathered during the investigation in order to determine whether a complaint is verified by a preponderance of the evidence.

(b) The complaint shall be determined verified if the incident or situation described in the complaint was:

(1) Observed directly or occurred in the presence of the LTCO or LTCOR;

(2) Substantiated by a preponderance of the evidence through interviews, records, inspections or other observations of the LTCO or LTCOR;

(3) Documented and verified in the reports of another agency; or

(4) Acknowledged by the subject of the complaint, facility, or facility staff as being accurate.

(c) The complaint shall be determined not verified if after investigation there is insufficient information to substantiate or prove the complaint by a preponderance of the evidence.

(d) The LTCO or LTCOR shall record all information regarding the investigation and the basis for the determination that a complaint was verified or not verified in the case file.

(e) The LTCO or LTCOR shall make a determination that a complaint is verified or is not verified shall be made after review of all information and documentation obtained during the investigation.

(f) The determination that a complaint is verified or not verified made by the LTCO shall be independent of any decision or disciplinary action taken against the individual by any facility, licensing board or other entity.

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