DAR File No. 28967

[ 09/15/2006 Bulletin Table of Contents / Bulletin Page ]

Human Services, Aging and Adult Services

R510-200-1

Purpose

NOTICE OF PROPOSED RULE

DAR File No.: 28967
Filed: 08/29/2006, 09:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to employ Regional Ombudsmen to assist the State Long-Term Care Ombudsman (LTCO) in meeting program regulations and responsibilities, providing assistance, and advocacy to residents of long-term care facilities.

Summary of the rule or change:

The rule change provides for the addition of Regional Ombudsmen to assist with monitoring, oversight, assistance, and leadership to local ombudsmen and volunteers, within specific regions, to improve consistency and quality of ombudsman services.

State statutory or constitutional authorization for this rule:

Section 62A-3-106.5

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state. Existing funds will be used for these positions by transferring some funds from Adult Protective Services, and using other available funds already existing within the budget.

local governments:

There is no anticipated cost or savings to local government. All costs will be borne by the state with existing funds.

other persons:

There is no anticipated cost or savings of other persons or external entities, public or private organizations, as the state has the funds set aside to cover costs.

Compliance costs for affected persons:

There will be no compliance costs for any persons at an individual level. The state will cover any associated costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule may have a positive fiscal impact on skilled nursing and other long-term care facilities, in that the Ombudsman program will have additional resources to provide training and mediation services to these facilities. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Kathleen Bailey at the above address, by phone at 801-538-3924, by FAX at 801-538-4395, or by Internet E-mail at kfbailey@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/16/2006

This rule may become effective on:

10/23/2006

Authorized by:

Alan Ormsby, Director

RULE TEXT

R510. Human Services, Aging and Adult Services.

R510-200. Long-Term Care Ombudsman Program Policy.

R510-200-1. Purpose.

A. The Long-term Care Ombudsman (LTCO) Program is created for the purpose of promoting, advocating, and ensuring the adequacy of care received, and the quality of life experienced by elderly residents of long-term care facilities within the State.

B. Operation of the LTCO Program is a joint responsibility of the Division and local AAAs. Authority to administer the LTCO Program is derived from the Older Americans Act (OAA) Title VII: Allotments for Vulnerable Elder Rights Protection Activities and Section 62a-3-201 et seq.

C. The Division will establish a State Office of LTCO.

D. The State LTCO is responsible for:

(1) oversight of the statewide LTCO program;

(2) providing training to local LTCO staff and volunteers;

(3) provision of public information regarding the LTCO program;

(4) working with federal agencies, the State Legislature, other units of state government and other agencies to obtain funding and other resources;

(5) developing cooperative relationships among agencies involved in long-term care;

(6) resolving conflicts among agencies regarding long-term care;

(7) assuring consistent, statewide reporting of LTCO program activities:

(8) monitoring local LTCO programs;

(9) providing technical assistance to local LTCO programs;

(10) maintaining close communication and cooperation in the LTCO statewide network;

(11) recommending rules governing implementation of the LTCO program; and

(12) providing overall leadership for the Utah LTCO program.

E. The Division may employ Regional Ombudsmen to assist the State LTCO in meeting his or her responsibilities. In addition to assisting the State LTCO, Regional Ombudsmen are responsible to:

(1) Spend a majority of their time providing ombudsman services, including but not limited to, investigating and resolving complaints when local ombudsmen transfer a case, providing services to assist residents of long-term care facilities, informing and educating residents about their rights, providing administrative and technical assistance to local ombudsmen and volunteers, providing systemic advocacy, providing training to long-term care facilities, and assisting in the development of family and resident councils;

(2) Provide monitoring, oversight, assistance and leadership to local ombudsmen and volunteers in their region;

(3) Ensure that all ombudsmen in their region adhere to established policy and procedure; and

(4) Improve consistency and quality of Ombudsmen services in their region.

[E]F. AAAs are responsible for daily operation of the program, either directly or by contract, as defined in these rules.

[F]G. The Division, State LTCO and AAAs must work together to protect elderly residents, promote quality care in residential facilities, and promote the LTCO program.

KEY: elderly, ombudsman, LTCO

Date of Enactment or Last Substantive Amendment: [1994]2006

Notice of Continuation: November 1, 2002

Authorizing, and Implemented or Interpreted Law: 62A-3-201 to 8; 62A-3-104

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Kathleen Bailey at the above address, by phone at 801-538-3924, by FAX at 801-538-4395, or by Internet E-mail at kfbailey@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

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