Current through Register Vol. 56, No. 18, September 16, 2024
(a) If a
complaint identifies the complainant, the Office shall acknowledge receipt of
all complaints by letter, facsimile, telephone, or e-mail. If the Office does
not have jurisdiction, the Office shall so advise the person making the
complaint and shall promptly refer the complaint and/or complainant, to the
appropriate government agency.
(b)
Upon receiving and acknowledging a complaint, the Office shall investigate any
act, practice, policy or procedure of any facility or government agency that
does or may adversely affect the health, safety, welfare or civil or human
rights of any resident of a facility.
(c) The Office need not investigate any
complaint where it determines that:
1. The
complaint is trivial, frivolous, vexatious or not made in good faith;
2. The complaint has been too long delayed to
justify present investigation;
3.
The resources available, considering the Office's established priorities, are
insufficient for an adequate investigation; or
4. The matter complained of is not within the
investigatory authority of the Office.
(d) During the course of any investigation
conducted by the Office, the Office may:
1.
Make the necessary inquiries and obtain such information as it deems
necessary;
2. Hold private hearings
or public hearings;
3. Enter
without notice and, after notifying the person in charge of its presence,
inspect the premises of a facility or government agency and inspect any books,
files, medical records, electronic records, or other records that pertain to
residents, which are required by law to be maintained by the facility or
government agency;
4. Compel at a
specific time and place, by subpoena, the appearance and sworn testimony of any
person who the Office reasonably believes may be able to give information
relating to a matter under investigation; and
5. Compel any person to produce at a specific
time and place, by subpoena, any documents, books, records, electronic records,
papers, objects, or other evidence that the Office reasonably believes may
relate to a matter under investigation.
(e) Upon completing an investigation of a
complaint, the Office shall take one or more of the following courses of
action, as appropriate:
1. If Office
representatives are unable to substantiate a complaint, the Office shall so
advise the complainant and the facility or government agency against whom the
complaint was brought, as appropriate. Such notification to a facility or
government agency concerning which a complaint was lodged shall not include the
identity of the complainant, resident or witnesses, unless such persons
authorize, in writing, such disclosure.
2. If Office representatives are able to
substantiate a complaint, they may work with facility or government agency
representatives, as appropriate, to remedy the problem(s) that exist and
advocate on behalf of the resident.
3. In the event that a complaint of a
resident or class of residents of a facility or facilities cannot be resolved
satisfactorily through negotiation with the facility or the appropriate
government agency, or that an act, practice, policy or procedure of a facility
or government agency does or may adversely affect the health, safety, welfare
or civil or human rights of a resident or class of residents of a facility or
facilities, the Office may recommend to the appropriate authorities civil
litigation on behalf of such resident or class of residents, as it deems
appropriate. The Office may also institute such actions for injunctive relief
or civil damages as it deems appropriate.
4. If the Office discovers a deficiency in
compliance with State or Federal laws or regulations or rules administered by
any government agency, the Office shall refer the matter directly to the
appropriate government agency for action.
5. If the Office discovers facts which the
Office determines warrant the institution of civil proceedings by a government
agency against any person or governmental agency, the matter shall be referred
to the government agency with authority to institute such
proceedings.
6. If the Office
discovers information in relation to the misconduct or breach of duty of any
officer or employee of a facility or a government agency, the matter shall be
referred to the appropriate authorities for such action as may be
necessary.
7. If the Office
discovers information or facts indicating the commission of criminal offenses
or violations of standards of professional conduct, it shall refer the matter,
as appropriate, to the Attorney General, county prosecutor, or any other law
enforcement official who has jurisdiction to prosecute the crime, and to the
relevant professional licensing board.
(f) The government agency, prosecuting agency
or professional licensing board to whom a substantiated allegation has been
referred shall report to the Office on its findings and actions with respect to
all such referrals within 30 days after receipt thereof and every 30 days
thereafter until final action on each such referral. The Office may make
disclosure of such information as appropriate and as may be necessary to
resolve the matter referred.
(g)
Where the Office has substantiated the allegations set forth in a complaint, it
shall notify the complainant and the facility or government agency concerning
which the complaint was lodged, in writing, of its findings and action taken.
Such notification to a facility or government agency concerning which a
complaint was lodged shall not include the identity of the complainant,
resident or witnesses, unless such persons authorize, in writing, such
disclosure.
