State Codes and Statutes

Statutes > Missouri > T40 > C660 > 660_603

Office of state ombudsman for long-term care facility residentscreated in department of health and senior services--purpose--powersand duties.

660.603. 1. There is hereby established within the department of healthand senior services the "Office of State Ombudsman for Long-Term Care FacilityResidents", for the purpose of helping to assure the adequacy of care receivedby residents of long-term care facilities and to improve the quality of lifeexperienced by them, in accordance with the federal Older Americans Act, 42U.S.C. 3001, et seq.

2. The office shall be administered by the state ombudsman, who shalldevote his or her entire time to the duties of his or her position.

3. The office shall establish and implement procedures for receiving,processing, responding to, and resolving complaints made by or on behalf ofresidents of long-term care facilities relating to action, inaction, ordecisions of providers, or their representatives, of long-term care services,of public agencies or of social service agencies, which may adversely affectthe health, safety, welfare or rights of such residents.

4. The department shall establish and implement procedures forresolution of complaints. The ombudsman or representatives of the officeshall have the authority to:

(1) Enter any long-term care facility and have access to residents ofthe facility at a reasonable time and in a reasonable manner. The ombudsmanshall have access to review resident records, if given permission by theresident or the resident's legal guardian. Residents of the facility shallhave the right to request, deny, or terminate visits with an ombudsman;

(2) Make the necessary inquiries and review such information and recordsas the ombudsman or representative of the office deems necessary to accomplishthe objective of verifying these complaints.

5. The office shall acknowledge complaints, report its findings, makerecommendations, gather and disseminate information and other material, andpublicize its existence.

6. The ombudsman may recommend to the relevant governmental agencychanges in the rules and regulations adopted or proposed by such governmentalagency which do or may adversely affect the health, safety, welfare, or civilor human rights of any resident in a facility. The office shall analyze andmonitor the development and implementation of federal, state and local laws,regulations and policies with respect to long-term care facilities andservices in the state and shall recommend to the department changes in suchlaws, regulations and policies deemed by the office to be appropriate.

7. The office shall promote community contact and involvement withresidents of facilities through the use of volunteers and volunteer programsdirected by the regional ombudsman coordinators.

8. The office shall develop and establish by regulation of thedepartment statewide policies and standards for implementing the activities ofthe ombudsman program, including the qualifications and the training ofregional ombudsman coordinators and ombudsman volunteers.

9. The office shall develop and propose programs for use, training andcoordination of volunteers in conjunction with the regional ombudsmancoordinators and may:

(1) Establish and conduct recruitment programs for volunteers;

(2) Establish and conduct training seminars, meetings and other programsfor volunteers; and

(3) Supply personnel, written materials and such other reasonableassistance, including publicizing their activities, as may be deemednecessary.

10. The regional ombudsman coordinators and ombudsman volunteers shallhave the authority to report instances of abuse and neglect to the ombudsmanhotline operated by the department.

11. If the regional ombudsman coordinator or volunteer finds that anursing home administrator is not willing to work with the ombudsman programto resolve complaints, the state ombudsman shall be notified. The departmentshall establish procedures by rule in accordance with chapter 536, RSMo, forimplementation of this subsection.

12. The office shall prepare and distribute to each facility writtennotices which set forth the address and telephone number of the office, abrief explanation of the function of the office, the procedure to follow infiling a complaint and other pertinent information.

13. The administrator of each facility shall ensure that such writtennotice is given to every resident or the resident's guardian upon admission tothe facility and to every person already in residence, or to his guardian.The administrator shall also post such written notice in a conspicuous, publicplace in the facility in the number and manner set forth in the regulationsadopted by the department.

14. The office shall inform residents, their guardians or their familiesof their rights and entitlements under state and federal laws and rules andregulations by means of the distribution of educational materials and groupmeetings.

(L. 1991 H.B. 444 § 2, A.L. 2003 S.B. 556 & 311)

State Codes and Statutes

Statutes > Missouri > T40 > C660 > 660_603

Office of state ombudsman for long-term care facility residentscreated in department of health and senior services--purpose--powersand duties.

660.603. 1. There is hereby established within the department of healthand senior services the "Office of State Ombudsman for Long-Term Care FacilityResidents", for the purpose of helping to assure the adequacy of care receivedby residents of long-term care facilities and to improve the quality of lifeexperienced by them, in accordance with the federal Older Americans Act, 42U.S.C. 3001, et seq.

2. The office shall be administered by the state ombudsman, who shalldevote his or her entire time to the duties of his or her position.

3. The office shall establish and implement procedures for receiving,processing, responding to, and resolving complaints made by or on behalf ofresidents of long-term care facilities relating to action, inaction, ordecisions of providers, or their representatives, of long-term care services,of public agencies or of social service agencies, which may adversely affectthe health, safety, welfare or rights of such residents.

4. The department shall establish and implement procedures forresolution of complaints. The ombudsman or representatives of the officeshall have the authority to:

(1) Enter any long-term care facility and have access to residents ofthe facility at a reasonable time and in a reasonable manner. The ombudsmanshall have access to review resident records, if given permission by theresident or the resident's legal guardian. Residents of the facility shallhave the right to request, deny, or terminate visits with an ombudsman;

(2) Make the necessary inquiries and review such information and recordsas the ombudsman or representative of the office deems necessary to accomplishthe objective of verifying these complaints.

5. The office shall acknowledge complaints, report its findings, makerecommendations, gather and disseminate information and other material, andpublicize its existence.

6. The ombudsman may recommend to the relevant governmental agencychanges in the rules and regulations adopted or proposed by such governmentalagency which do or may adversely affect the health, safety, welfare, or civilor human rights of any resident in a facility. The office shall analyze andmonitor the development and implementation of federal, state and local laws,regulations and policies with respect to long-term care facilities andservices in the state and shall recommend to the department changes in suchlaws, regulations and policies deemed by the office to be appropriate.

7. The office shall promote community contact and involvement withresidents of facilities through the use of volunteers and volunteer programsdirected by the regional ombudsman coordinators.

8. The office shall develop and establish by regulation of thedepartment statewide policies and standards for implementing the activities ofthe ombudsman program, including the qualifications and the training ofregional ombudsman coordinators and ombudsman volunteers.

9. The office shall develop and propose programs for use, training andcoordination of volunteers in conjunction with the regional ombudsmancoordinators and may:

(1) Establish and conduct recruitment programs for volunteers;

(2) Establish and conduct training seminars, meetings and other programsfor volunteers; and

(3) Supply personnel, written materials and such other reasonableassistance, including publicizing their activities, as may be deemednecessary.

10. The regional ombudsman coordinators and ombudsman volunteers shallhave the authority to report instances of abuse and neglect to the ombudsmanhotline operated by the department.

11. If the regional ombudsman coordinator or volunteer finds that anursing home administrator is not willing to work with the ombudsman programto resolve complaints, the state ombudsman shall be notified. The departmentshall establish procedures by rule in accordance with chapter 536, RSMo, forimplementation of this subsection.

12. The office shall prepare and distribute to each facility writtennotices which set forth the address and telephone number of the office, abrief explanation of the function of the office, the procedure to follow infiling a complaint and other pertinent information.

13. The administrator of each facility shall ensure that such writtennotice is given to every resident or the resident's guardian upon admission tothe facility and to every person already in residence, or to his guardian.The administrator shall also post such written notice in a conspicuous, publicplace in the facility in the number and manner set forth in the regulationsadopted by the department.

14. The office shall inform residents, their guardians or their familiesof their rights and entitlements under state and federal laws and rules andregulations by means of the distribution of educational materials and groupmeetings.

(L. 1991 H.B. 444 § 2, A.L. 2003 S.B. 556 & 311)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T40 > C660 > 660_603

Office of state ombudsman for long-term care facility residentscreated in department of health and senior services--purpose--powersand duties.

660.603. 1. There is hereby established within the department of healthand senior services the "Office of State Ombudsman for Long-Term Care FacilityResidents", for the purpose of helping to assure the adequacy of care receivedby residents of long-term care facilities and to improve the quality of lifeexperienced by them, in accordance with the federal Older Americans Act, 42U.S.C. 3001, et seq.

2. The office shall be administered by the state ombudsman, who shalldevote his or her entire time to the duties of his or her position.

3. The office shall establish and implement procedures for receiving,processing, responding to, and resolving complaints made by or on behalf ofresidents of long-term care facilities relating to action, inaction, ordecisions of providers, or their representatives, of long-term care services,of public agencies or of social service agencies, which may adversely affectthe health, safety, welfare or rights of such residents.

4. The department shall establish and implement procedures forresolution of complaints. The ombudsman or representatives of the officeshall have the authority to:

(1) Enter any long-term care facility and have access to residents ofthe facility at a reasonable time and in a reasonable manner. The ombudsmanshall have access to review resident records, if given permission by theresident or the resident's legal guardian. Residents of the facility shallhave the right to request, deny, or terminate visits with an ombudsman;

(2) Make the necessary inquiries and review such information and recordsas the ombudsman or representative of the office deems necessary to accomplishthe objective of verifying these complaints.

5. The office shall acknowledge complaints, report its findings, makerecommendations, gather and disseminate information and other material, andpublicize its existence.

6. The ombudsman may recommend to the relevant governmental agencychanges in the rules and regulations adopted or proposed by such governmentalagency which do or may adversely affect the health, safety, welfare, or civilor human rights of any resident in a facility. The office shall analyze andmonitor the development and implementation of federal, state and local laws,regulations and policies with respect to long-term care facilities andservices in the state and shall recommend to the department changes in suchlaws, regulations and policies deemed by the office to be appropriate.

7. The office shall promote community contact and involvement withresidents of facilities through the use of volunteers and volunteer programsdirected by the regional ombudsman coordinators.

8. The office shall develop and establish by regulation of thedepartment statewide policies and standards for implementing the activities ofthe ombudsman program, including the qualifications and the training ofregional ombudsman coordinators and ombudsman volunteers.

9. The office shall develop and propose programs for use, training andcoordination of volunteers in conjunction with the regional ombudsmancoordinators and may:

(1) Establish and conduct recruitment programs for volunteers;

(2) Establish and conduct training seminars, meetings and other programsfor volunteers; and

(3) Supply personnel, written materials and such other reasonableassistance, including publicizing their activities, as may be deemednecessary.

10. The regional ombudsman coordinators and ombudsman volunteers shallhave the authority to report instances of abuse and neglect to the ombudsmanhotline operated by the department.

11. If the regional ombudsman coordinator or volunteer finds that anursing home administrator is not willing to work with the ombudsman programto resolve complaints, the state ombudsman shall be notified. The departmentshall establish procedures by rule in accordance with chapter 536, RSMo, forimplementation of this subsection.

12. The office shall prepare and distribute to each facility writtennotices which set forth the address and telephone number of the office, abrief explanation of the function of the office, the procedure to follow infiling a complaint and other pertinent information.

13. The administrator of each facility shall ensure that such writtennotice is given to every resident or the resident's guardian upon admission tothe facility and to every person already in residence, or to his guardian.The administrator shall also post such written notice in a conspicuous, publicplace in the facility in the number and manner set forth in the regulationsadopted by the department.

14. The office shall inform residents, their guardians or their familiesof their rights and entitlements under state and federal laws and rules andregulations by means of the distribution of educational materials and groupmeetings.

(L. 1991 H.B. 444 § 2, A.L. 2003 S.B. 556 & 311)