Section 455IAC1-8-9. Duties of the local ombudsman

   The local ombudsman shall perform the following duties:

(1) Identify, investigate, resolve, or attempt to resolve complaints made by or on behalf of residents that relate to actions, inactions, or decisions that may adversely affect the health, safety, welfare, or rights of residents. The local ombudsman shall inform the complainant, the resident, or their legal representatives of the findings of an investigation or the reasons why a complaint cannot be investigated.

(2) Provide services to protect the health, safety, welfare, and rights of long term care facility residents, including, but is not limited to:

(A) information and referral services; and

(B) education and training for residents, their family members, staff of long term care facilities, and the public.

(3) Provide residents regular and timely access to the program through frequent resident visits.

(4) Respond to complaints and requests for assistance.

(5) Support the development and maintenance of resident and family councils and assist in addressing council concerns.

(6) Inform residents, their family members, citizens' organizations, the public, and long term care facility staff about the ombudsman program.

(7) Advocate on behalf of residents in the following nonexclusive ways:

(A) Identify problems affecting residents at the facility, local, state, or national levels and attempt to resolve those problems.

(B) Identify problems in the long term care system and advocate for changes to that system.

(C) Represent the interests of residents before government agencies, legislative committees, individual legislators, and other individuals, groups, or entities where issues that affect residents are addressed.

(D) Communicate directly with legislators, policy makers, and the media about issues affecting residents and other consumers of long term care.

(E) Analyze, comment on, provide public testimony, and monitor the development and implementation of proposed or existing federal, state, and local laws, regulations, government policies, and actions that affect residents.

(F) Facilitate public comment.

(G) Provide information regarding the problems and concerns of residents and recommendations for resolving those problems and concerns to:

(i) public agencies;

(ii) private entities; and

(iii) state and federal legislators.

(H) Take any other action relating to the ombudsman program determined to be appropriate by the state ombudsman.

(8) Pursue administrative, legal, and other remedies on behalf of residents.

(9) In accordance with federal and state laws and regulations, share information related to long term care facilities with the Indiana state department of health.

(10) Whenever possible, participate in surveys of long term care facilities conducted by the Indiana state department of health.

(11) Document and report activities as required by the office.

(12) Accept the direction, instruction, guidance, and assistance of the state ombudsman, in consultation with the local ombudsman entity, in all program activities.

(13) Follow federal and state laws and these rules.

(14) Carry out other program-related activities that the state ombudsman determines to be appropriate.

(Division of Aging; 455 IAC 1-8-9; filed Mar 6, 2000, 7:51 a.m.: 23 IR 1644; readopted filed Nov 21, 2006, 11:00 a.m.: 20061213-IR-460060411RFA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-7-9) to the Division of Aging (455 IAC 1-8-9) by P.L.153-2011, SECTION 21, effective July 1, 2011.