[PART III.] OFFICE OF THE LONG-TERM CARE OMBUDSMAN

 

Note

 

  Part heading added by L 2007, c 93, §4.

 

Revision Note

 

  Enacted as part II, this part was renumbered as part III and§§349-21 to 23 were renumbered from §§349-12 to 14 pursuant to §23G-15.

 

[§349-21]  Office of the long-term careombudsman.  (a)  There is established the office of the long-term careombudsman in the executive office on aging to protect the health, safety,welfare, and rights of residents of long-term care facilities in accordancewith state and federal law.  The office of the long-term care ombudsman shallbe headed by the long-term care ombudsman.

(b)  The long-term care ombudsman shall:

(1)  Be hired pursuant to chapter 76;

(2)  Be free of conflict of interest;

(3)  Have expertise and experience in the fields oflong-term care and advocacy;

(4)  Serve on a full-time basis; and

(5)  Prepare an annual report in accordance with thefederal Older Americans Act, as amended.

(c)  The long-term care ombudsman, personallyor through a designee, shall:

(1)  Represent the interests of residents of long-termcare facilities, individually and as a class, to:

(A)  Protect their health, safety, welfare, andrights; and

(B)  Promote improvement in the quality of carethey receive and their quality of life;

(2)  Identify, investigate, and resolve complaints,including complaints against providers of long-term care services and theirrepresentatives, made by or on behalf of residents of long-term care facilitiesrelating to actions, inactions or decisions that may adversely affect thehealth, safety, welfare, or rights of residents of long-term care facilities,including the appointment and activities of guardians and representativepayees;

(3)  Monitor and comment on the development and implementationof federal, state, and local laws, regulations, policies, and actions thatpertain to the health, safety, welfare, or rights of residents of long-termcare facilities, including the adequacy of long-term care facilities andservices in the State, and recommend changes as necessary;

(4)  Provide information as appropriate to publicagencies regarding the problems of residents of long-term care facilities;

(5)  Train volunteers and employees;

(6)  Promote the development of citizen organizationsto participate in the advocacy program;

(7)  Establish procedures for appropriate access bythe long-term care ombudsman to long-term care facilities and to residents oflong-term care facilities;

(8)  Establish procedures for appropriate access bythe long-term care ombudsman to all resident records or portions thereofnecessary for the long-term care ombudsman to evaluate the merits of a specificcomplaint or complaints; provided that resident records shall be divulged onlywith the written consent of the resident or the resident's legalrepresentative;

(9)  Establish procedures for appropriate access tofiles maintained by the long-term care ombudsman, except that the identity ofany complainant or resident of a long-term care facility shall not be disclosedunless:

(A)  The complainant or resident, or thecomplainant's or resident's legal representative, consents in writing to thedisclosure;

(B)  The complainant or resident consentsorally and the consent is documented contemporaneously in writing by the long-termcare ombudsman or designee; or

(C)  The disclosure is required by court order;

(10)  Provide technical support for the development ofresident and family councils to help protect the health, safety, welfare, andrights of residents of long-term care facilities;

(11)  Provide residents of long-term care facilitieswith:

(A)  Information regarding how to obtainnecessary services;

(B)  Regular access to the office of thelong-term care ombudsman at times deemed reasonable and necessary by the long-termcare ombudsman; and

(C)  Regular and timely responses to theircomplaints;

(12)  Seek administrative, legal, or other remedies tocarry out this part; and

(13)  Carry out all other responsibilities as providedby state or federal law.

(d)  The long-term care ombudsman shallestablish procedures to ensure that all designees, employees, and volunteersare free of conflict of interest.

(e)  The long-term care ombudsman shall adoptrules pursuant to chapter 91 for the purposes of administering and implementingthis part.

(f)  For the purposes of this part:

"Conflict of interest" includes:

(1)  Any direct involvement in the licensing orcertification of a long-term care facility or of a provider of a long-term careservice;

(2)  An ownership or investment interest in a long-termcare facility or a long-term care service;

(3)  Employment by, or participation in the managementof, a long-term care facility; and

(4)  Receipt of, or the right to receive, directly orindirectly, remuneration under a compensation arrangement with an owner oroperator of a long-term care facility.

"Long-term care facility" means any:

(1)  Skilled nursing facility as defined in section1819(a) of the Social Security Act, as amended;

(2)  Nursing facility, as defined in section 1919(a)of the Social Security Act, as amended;

(3)  Adult residential care home, including anyexpanded adult residential care home;

(4)  Assisted living facility;

(5)  Intermediate care facility as defined in section1905(c) of the Social Security Act, as amended; and

(6)  Other similar facility licensed by the Stateserving elders. [L 1979, c 206, §2(1); gen ch 1985; am L 1990, c 67, §8; am L2007, c 93, §5]

 

Cross References

 

  Dependent elder abuse; suits by the State; civil penalties,see §28-94.

  Investigations of nurse aide abuse, see §346-47.

  Long-term care financing, see chapter 346C.

 

Law Journals and Reviews

 

  Holding Hawai‘iNursing Facilities Accountable for the Inadequate Pain Management of ElderlyResidents.  27 UH L. Rev. 233.