§ 26-11.5-109 — Interference with ombudsmen prohibited - civil penalty

Colorado § 26-11.5-109

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

Text

(1) No
person shall willfully interfere with an ombudsman in the ombudsman's
performance of duties and functions under this article.

(2) No person shall take any discriminatory, disciplinary, or retaliatory action
against the following individuals for any communication with an ombudsman or for
any information provided in good faith to the state long-term care ombudsman
office or to the state PACE ombudsman office in carrying out their respective
ombudsman duties and responsibilities under this article:

(a) Any resident eligible for ombudsman services pursuant to this article;

(b) Any officer or employee of a facility or governmental agency providing
services to residents of long-term care facilities.

(c) Any PACE participant; or

(d) Any officer or employee of a program, organization, facility, or
governmental agency providing services to PACE participants.

(3) Any person who commits a violation under subsection (1) or (2) of this
section shall be subject to the following civil penalties:

(a) For a violation of subsection (1) of this section, a penalty of not more than
two thousand five hundred dollars per violation;

(b) For a violation of subsection (2) of this section, a penalty of not more than
five thousand dollars per violation.

(4) (a) Any person listed in subsections (2)(a), (2)(b), (2)(c), and (2)(d) of this
section, or any person acting on such person's behalf, including the state or a local
long-term care ombudsman or the state or a local PACE ombudsman, may file a
complaint with the department of human services against any person who violates
subsection (1) or (2) of this section. The department shall investigate such a
complaint and, if there is sufficient evidence of a violation, is authorized to assess,
enforce, and collect the appropriate penalty set forth in subsection (3) of this
section.

(b) Prior to the assessment of a penalty, the department of human services
shall give written notice to the person against whom a penalty will be assessed,
stating the basis for the violation and the amount of the penalty to be assessed.
Such person, upon request, shall be given a hearing in accordance with section 24-4-105, C.R.S., which hearing shall constitute final agency action. Such agency
action shall be subject to judicial review in accordance with section 24-4-106, C.R.S.

(c) The department of human services shall promulgate rules and
regulations necessary for the implementation of this subsection (4).

(d) All penalties collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit the same to the general fund. Penalties provided
under this section shall be in addition to and not in lieu of any other remedy
provided by law.

Legislative History

Source: L. 90: Entire article added, p. 1404, � 1, effective April 10. L. 94: (4)(a), (4)(b), and (4)(c) amended, p. 2707, � 277, effective July 1. L. 2016: IP(2) and (4)(a) amended and (2)(c) and (2)(d) added, (SB 16-199), ch. 270, p. 1120, � 7, effective June 10. L. 2017: (4)(a) amended, (HB 17-1264), ch. 363, p. 1902, � 7, effective June 5.