Current through Vol. 42, No. 1, September 16, 2024
(a)
Long-Term
Care Ombudsman Program. The Older Americans Act (OAA), Title
42 United States Code,
Section 3001 through
3058, mandates
establishment of an Office of the State Long-Term Care Ombudsman (Office) and a
statewide Long-Term Care Ombudsman Program which provides advocacy services to
older residents of long-term care facilities, including nursing home,
residential care and other similar adult care homes. The Office is located
within Aging Services Division (ASD), and operates under the general direction
of the state long-term care ombudsman.
(1)
Advocacy is provided through mandated activities including, but not limited to:
(A) receive, investigate, and resolve
complaints;
(B) collect and analyze
complaints and other data;
(C)
monitor the development and implementation of federal, state, and local laws,
regulations, and policies;
(D) make
recommendations to address issues identified as affecting the quality of care
and quality of life of residents; and
(E) provide information to the public and to
public officials.
(2)
The Office of the State Long-Term Care Ombudsman works through area ombudsman
staff and volunteers at the local level, to assist in the improvement of the
quality of life and quality of care available to long-term care facility
residents, and has the authority to recommend courses of action.
(3) Statutory authority for access to
facilities and residents, receipt of inspection and complaint reports, and
participation of ombudsmen as observers in inspections is provided in the
Oklahoma Nursing Home Care Act [63, O.S. § 1-1901 through 1-1943] and the
Residential Care Act [63, O.S. § 1-820 through 1-840]. Creation of the
Office, protection for program representatives and complainants, and
establishment of an advisory committee are provided in the Long-Term Care
Ombudsman Act. [63 O.S. §
1-2211]
Specific policies relating to the operation of the program are located in the
Rules for Implementing the OAA of 1965, as amended.
(b)
Legal Services Development
Program. The responsibility of ASD under federal and state law is to
provide the services of an individual hired on a full-time basis with other
personnel as needed, known as the state legal services developer, to ensure:
(1) leadership to secure and maintain the
legal rights of older individuals;
(2) the capacity to coordinate the provision
of legal assistance;
(3) the
capacity to provide technical assistance, training, and other supportive
functions to Area Agencies on Aging, legal assistance providers, ombudsmen, and
other persons, as appropriate;
(4)
the capacity to promote financial management services to older individuals at
risk of guardianship;
(5) the
capacity to assist older individuals in understanding their rights, exercising
choices, benefiting from services and opportunities authorized by law, and to
maintain the rights of older individuals at risk of guardianship;
(6) the capacity to improve the quality and
quantity of legal services provided to older individuals;
(7) capacity to analyze, comment on, monitor,
develop, and promote federal, state, and local laws, rules and regulations, and
other government policies and actions; and
(8) capacity to provide such information as
necessary to public and private agencies, legislators, and other
persons.
