(1)The state PACE
ombudsman has the following duties and functions:
(a)No later than July 1, 2017, establish statewide policies and procedures to
identify, investigate, and seek the resolution or referral of complaints made by or on
behalf of a PACE participant related to any action, inaction, or decision of any PACE
organization or PACE provider 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 PACE
participant. The policies and procedures established pursuant to this subsection
(1)(a) must ensure that, while upholding the participant-directed nature of an
ombudsman's advocacy, the actions of the state PACE ombudsman or local PACE
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(1) The state PACE
ombudsman has the following duties and functions:
(a) No later than July 1, 2017, establish statewide policies and procedures to
identify, investigate, and seek the resolution or referral of complaints made by or on
behalf of a PACE participant related to any action, inaction, or decision of any PACE
organization or PACE provider 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 PACE
participant. The policies and procedures established pursuant to this subsection
(1)(a) must ensure that, while upholding the participant-directed nature of an
ombudsman's advocacy, the actions of the state PACE ombudsman or local PACE
ombudsmen are consistent with a PACE organization's duties and responsibilities
under federal law.
(a.5) No later than October 1, 2017, provide training and technical assistance
to personnel of local PACE ombudsman programs. The training must be developed
in consultation with PACE organizations and other persons or entities with PACE
expertise, as appropriate. Upon successful completion of training, the office may
designate personnel as qualified representatives of the office and, if designated,
shall issue a PACE ombudsman identification card to the personnel.
(b) Establish procedures to analyze and monitor the development and
implementation of federal, state, and local laws, regulations, and policies with
respect to PACE services and programs or facilities. On the basis of the analysis
and monitoring, the state PACE ombudsman shall recommend to the appropriate
governing body changes to laws, regulations, and policies.
(c) No later than July 1, 2017, prepare and distribute a notice informing PACE
participants of the existence of a state PACE ombudsman and the duties of the
state PACE ombudsman for posting at all PACE programs and facilities, and update
the notice, as necessary, to include information concerning local PACE ombudsmen.
(2) The policies and procedures adopted pursuant to paragraph (a) of
subsection (1) of this section may be applied to complaints by or on behalf of PACE
participants where the provision of ombudsman services will either benefit other
PACE participants enrolled in the same PACE program that is the subject of the
complaint or PACE participants in general, or where ombudsman service is the only
viable avenue of assistance available to the PACE participant and the ombudsman
service will not significantly diminish the PACE organization's efforts on behalf of
the participants.
(3) In addition to the duties and functions set forth in subsections (1) and (2)
of this section, the state PACE ombudsman and his or her representatives have the
authority to pursue administrative, legal, or other appropriate remedies on behalf of
PACE participants for the purposes of effectively carrying out the provisions of
paragraph (a) of subsection (1) of this section and subsection (2) of this section.
(4) (a) The state department may seek, accept, and expend gifts, grants, and
donations from private or public sources for the purposes of establishing the state
PACE ombudsman office and implementing this section.
(b) The PACE ombudsman fund, referred to in this paragraph (b) as the
fund, is hereby created in the state treasury. The fund consists of gifts, grants,
and donations credited to the fund pursuant to this subsection (4) and any other
money that the general assembly may appropriate or transfer to the fund. The state
treasurer shall credit all interest and income derived from the deposit and
investment of money in the fund to the fund. Any unexpended and unencumbered
money remaining in the fund at the end of a fiscal year shall remain in the fund and
shall not be transferred to any other fund. Subject to annual appropriation by the
general assembly, the state department may expend money from the fund for
purposes of establishing the state PACE ombudsman office pursuant to this article.
(c) Repealed.