Library: Policy

340:105-11-234.1. Responsibilities of agencies hosting local ombudsman representatives

Issued 9-15-17

(a) The designated entity in which a local Office of the State Long-Term Care Ombudsman (Office) Program (Program) is organizationally-located is responsible for the personnel management, but not programmatic oversight of Office representatives including employees and volunteer representatives.

(b) The designated entity in which a local program is organizationally located does not have personnel policies or practices that prohibit Office representatives from performing the duties or from adhering to the access, confidentiality, and disclosure requirements of federal and state laws and regulations.

(1) Host agencies may not have policies, procedures, or practices including personnel management practices that the State Long-Term Care Ombudsman (Ombudsman) determines conflictive with the laws or policies governing the Program.

(2) Any policy, procedure, or practice the Ombudsman determines to be in violation of federal or state laws and regulations is sufficient grounds for the refusal, suspension, or removal of the designation of local ombudsman entity by the Ombudsman.

(3) Nothing in this provision prohibits the host agency from requiring that Office representatives adhere to the personnel policies and procedures of the agency that are otherwise lawful.