§349-21 to 23 - were renumbered from §§349-12 to 14 pursuant to §23G-15.

[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 care
ombudsman. (a) There is established the office of the long-term care
ombudsman in the executive office on aging to protect the health, safety,
welfare, and rights of residents of long-term care facilities in accordance
with state and federal law. The office of the long-term care ombudsman shall
be 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 of
long-term care and advocacy;

(4) Serve on a full-time basis; and

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

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

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

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

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

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

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

(5) Train volunteers and employees;

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

(7) Establish procedures for appropriate access by
the long-term care ombudsman to long-term care facilities and to residents of
long-term care facilities;

(8) Establish procedures for appropriate access by
the long-term care ombudsman to all resident records or portions thereof
necessary for the long-term care ombudsman to evaluate the merits of a specific
complaint or complaints; provided that resident records shall be divulged only
with the written consent of the resident or the resident's legal
representative;

(9) Establish procedures for appropriate access to
files maintained by the long-term care ombudsman, except that the identity of
any complainant or resident of a long-term care facility shall not be disclosed
unless:

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

(B) The complainant or resident consents
orally and the consent is documented contemporaneously in writing by the long-term
care ombudsman or designee; or

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

(11) Provide residents of long-term care facilities
with:

(A) Information regarding how to obtain
necessary services;

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

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

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

(d) The long-term care ombudsman shall
establish procedures to ensure that all designees, employees, and volunteers
are free of conflict of interest.

(e) The long-term care ombudsman shall adopt
rules pursuant to chapter 91 for the purposes of administering and implementing
this part.

(f) For the purposes of this part:

"Conflict of interest" includes:

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

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

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

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

"Long-term care facility" means any:

(1) Skilled nursing facility as defined in section
1819(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 any
expanded adult residential care home;

(4) Assisted living facility;

(5) Intermediate care facility as defined in section
1905(c) of the Social Security Act, as amended; and

(6) Other similar facility licensed by the State
serving elders. [L 1979, c 206, §2(1); gen ch 1985; am L 1990, c 67, §8; am L
2007, 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‘i
Nursing Facilities Accountable for the Inadequate Pain Management of Elderly
Residents. 27 UH L. Rev. 233.