Current through Register Vol. 46, No. 12, March 20, 2024
(a)
With respect to identifying, investigating and resolving complaints, and
regardless of the source of the complaint, an ombudsman's duty is to the
resident of the long-term care facility. The ombudsman sha ll investigate a
complaint, including but not limited to a complaint related to abuse, neglect,
or exploitation, for the purposes of resolving the complaint to the resident's
satisfaction and/or protecting the health, welfare, and rights of the resident.
The o mbudsman may identify, investigate and resolve a complaint impacting
multiple residents or all residents of a facility.
(b) Regardless of the source of the
complaint, including when the source is the ombudsman, the ombudsman must
support and maximize resident participation in the process of resolving the
complaint as follows:
(1) The ombudsman shall
offer privacy to the resident for the purpose of confidentially providing
information and hearing, investigating and resolving complaints.
(2) The ombudsman shall personally discuss
the complaint with the resident (and, if the resident is unable to communicate
informed consent, the resident's representative) in order to:
(i) determine the perspective of the resident
(or resident representative, where applicable) of the complaint;
(ii) request the resident (or resident
representative, where applicable) to communicate informed consent in order to
investigate the complaint;
(iii)
determine the wishes of the resident (or resident representative, where
applicable) with respect to resolution of the complaint, including whether the
allegations are to be reported and, if so, whether ombudsman may disclose
resident identifying information or other relevant information to the facility
and/or appropriate agencies;
(iv)
advise the resident (and resident representative, where applicable) of the
resident's rights;
(v) work with
the resident (or resident representative, where applicable) to develop a plan
of action for resolution of the complaint;
(vi) investigate the complaint to determine
whether the complaint can be verified; and
(vii) determine whether the complaint is
resolved to the satisfaction of the resident (or resident representative, where
applicable).
(3) Where
the resident is unable to communicate informed consent, and has no resident
representative, the ombudsman shall:
(i) take
appropriate steps to investigate and work to resolve the complaint in order to
protect the health, safety, welfare and rights of the resident, including,
where appropriate, following the provisions of 9 NYCRR 6660.14; and
(ii) to the best of the ombudsman's ability,
determine whether the complaint was resolved to the satisfaction of the
resident or complainant.
(4) In determining whether to rely upon a
resident representative to communicate or make determinations on behalf of the
resident related to complaint processing, the ombudsman shall ascertain the
extent of the authority that has been granted to the resident representative
under court order (in the case of a guardian or conservator), by power of
attorney, or other document by which the resident has granted authority to the
representative, or under other applicable state or federal law.
(c) For purposes of this section,
if a resident is unable to communicate his or her informed consent, or
perspective on the extent to which the matter has been satisfactorily resolved,
the ombudsman may rely on the communication of informed consent and/or
perspective regarding the resolution of the complaint of a resident
representative so long as the ombudsman has no reasonable cause to believe that
the resident representative is not acting in the best interests.
