§ 26-11.5-105 — Duties of state long-term care ombudsman

Colorado § 26-11.5-105

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Colorado Long-term Care

Text

(1) In addition to
such other duties and functions as the state department may allocate to the office,
the state long-term care ombudsman has the following duties and functions in
implementing a statewide long-term care ombudsman program:

(a) (I) Establish statewide policies and procedures for operating the state
long-term care ombudsman program including procedures to identify, investigate,
and seek the resolution or referral of complaints made by or on behalf of any
resident related to any action, inaction, or decision of any provider of long-term
care services or of any public agency, including the state department of human
services and county departments of human or social services, that may adversely
affect the health, safety, welfare, or rights of the resident.

(II) The policies and procedures adopted pursuant to subsection (1)(a)(I) of
this section may be applied to complaints by or on behalf of any resident of a long-term care facility where the provision of ombudsman services will either benefit
residents of the facility involved in the complaint or residents of long-term care
facilities in general, or where ombudsman service is the only viable avenue of
assistance available to the resident and such service will not significantly diminish
the program's effort on behalf of residents.

(b) Provide training and technical assistance to personnel of local
ombudsman programs. Upon successful completion of such training the office may
designate such personnel as qualified representatives of the office and shall issue
to such representatives long-term care ombudsman identification cards.

(c) Establish procedures to analyze and monitor the development and
implementation of federal, state, and local laws, regulations, and policies with
respect to long-term care facilities and services. On the basis of such analysis and
monitoring, the office shall recommend changes to such laws, regulations, and
policies to the appropriate governing body.

(d) Prepare a notice informing residents of ombudsman services for posting
at long-term care facilities.

(2) In addition to the duties and functions under subsection (1) of this section,
the office and its representatives shall have the authority to pursue administrative,
legal, or other appropriate remedies on behalf of residents for the purpose of
effectively carrying out the provisions of paragraph (a) of subsection (1) of this
section.

Legislative History

Source: L. 90: Entire article added, p. 1402, � 1, effective April 10. L. 94: (1)(a)(I) amended, p. 2707, � 276, effective July 1. L. 2017: (1)(a) amended, (HB 17-1264), ch. 363, p. 1901, � 3, effective June 5. L. 2018: IP(1) and (1)(a)(I) amended, (SB 18-092), ch. 38, p. 451, � 132, effective August 8.