New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle Y - New York State Office for the Aging
Chapter IV - Long-term Care Ombudsman Program
Part 6660 - Long-term Care Ombudsman
Section 6660.9 - Procedures for ombudsman access to facilities and residents

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Access to long-term care facilities. An ombudsman shall have authority to enter all long-term care facilities at any time during a facility's regular business hours or regular visiting hours, and at any other time when access may be required by the circumstances to be investigated and shall have access to all residents and/or the resident representative to perform all functions and duties enumerated herein.

(b) An ombudsman seeking access to a long-term care facility or resident of a long-term care facility shall:

(1) upon a staff member's request, identify himself or herself;

(2) upon a staff member's request, show the ombudsman identification card issued by the office of the state long-term care ombudsman; and

(3) comply with the facility's procedures for signing in and out of the facility.

(c) Noninterference. No long-term care facility, other entity or individual shall:

(1) refuse to permit an ombudsman entry into such facility, interfere with, refuse to cooperate with, or retaliate against an ombudsman carrying out their mandated duties and responsibilities set forth in this section and any regulations promulgated pursuant thereto;

(2) refuse to permit residents or staff to communicate freely and privately with an ombudsman; or

(3) retaliate against any resident, resident representative, complainant, or staff member for filing a complaint with, providing information to, or otherwise cooperating with any ombudsman.

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