Rules & Regulations of the State of Tennessee
Title 0030 - Commission on Aging and Disability
Subtitle 0030-01 - Rules and Regulations
Chapter 0030-01-09 - Advocacy Assistance Program
Section 0030-01-09-.01 - LONG TERM CARE OMBUDSMAN PROGRAM AUTHORITY, SCOPE, AND DEFINITIONS
Universal Citation: TN Comp Rules and Regs 0030-01-09-.01
Current through September 24, 2024
(1) Pursuant to the requirements set forth in 42 U.S.C. 307(a) (12), the state agency on aging shall operate a statewide long-term care ombudsman program in cooperation with the area agencies on aging.
(2) The purview of ombudsman services shall extend to residents and potential residents of long-term care facilities.
(3) Definitions:
(a) The term "ombudsman" means a person
working within the state aging network to carry out responsibilities mandated
by 42 U.S.C. 307(a) (12.
(b) The
term "designated ombudsmen" means persons designated by either the state agency
on aging or by area agencies on aging to carry out responsibilities of the
statewide ombudsman program as mandated by 42 U.S.C. 307(a) (12), and Sections
0030-9-3 and 0030-9-4 of Policies and Procedures for Programs on Aging, the
state agency policy manual, which is available in the state agency on aging and
all area agency on aging offices.
1. The term
"state ombudsman" means the designated ombudsman of the state agency on aging
(as required by 45 CFR
1321.43 (c) to carry out state agency
responsibility as required by 42 U.S.C. 307(a) (12) and Sections 0030-9-3 and
0030-9-4 of Policies and Procedures for Programs on Aging.
2. The term "district ombudsmen" means the
designated ombudsmen selected by area agencies on aging who are trained to
carry out district and community level responsibilities as required by 42
U.S.C. 307(a) (12) (A) and Sections 0030 - 9 - 3 and 0030-9-4 of Policies and
Procedures for Programs on Aging.
(c) The term "representatives of ombudsmen"
means persons, paid or volunteer, who are selected, trained, and supervised by
designated ombudsmen to assist district ombudsmen in fulfilling the mandate of
42 U.S.C. 307(a) (12) (A) and Sections 0030-9-3 and 0030-9-4 of Policies and
Procedures for Programs on Aging.
(d) The term "long-term care facility" means
any nursing home, institutional home for the aged, or residential home for the
aged either licensed or subject to licensure by the Tennessee Department of
Public Health under provision of T.C.A. §53-1301 et seq.; group homes and
boarding homes either licensed or subject to licensure by the Tennessee
Department of Mental Health and Mental Retardation under provision of T.C.A.
§33- 1801 et seq.; and, any similar type of homes operating within the
state that are subject to licensure by either state department.
(e) The term "access" means the right to
enter any long-term care facility; to communicate privately and without
restriction with any resident who consents to the communication; to seek
consent to communicate privately and without restriction with any resident; and
to inspect a resident's records under conditions set out in
0030-1-9-.03.
Authority: T.C.A. § 14-6-105.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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