(a)As used in this section, (1) “authorized representative” means a person designated by a home care client, in writing, to act on such client's behalf, including, but not limited to, a health care representative appointed pursuant to section 19a-575a or 19a-577;
(2)“home care” means long-term services and supports provided to adults in a home or community-based program administered by the Department of Social Services;
(3)“home care provider” means a person or organization, including, but not limited to, (A) a home health agency or hospice agency, as defined in section 19a-490, or (B) a homemaker-companion agency, as defined in section 20-670; and (4) “long-term services and supports” means (A) health, health-related, personal care and social services provided to persons with physical,
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(a) As used in this section, (1) “authorized representative” means a person designated by a home care client, in writing, to act on such client's behalf, including, but not limited to, a health care representative appointed pursuant to section 19a-575a or 19a-577; (2) “home care” means long-term services and supports provided to adults in a home or community-based program administered by the Department of Social Services; (3) “home care provider” means a person or organization, including, but not limited to, (A) a home health agency or hospice agency, as defined in section 19a-490, or (B) a homemaker-companion agency, as defined in section 20-670; and (4) “long-term services and supports” means (A) health, health-related, personal care and social services provided to persons with physical, cognitive or mental health conditions or disabilities to facilitate optimal functioning and quality of life, or (B) hospice care provided to persons who may be nearing the end of their lives. (b) There is established a Community Ombudsman program within the independent Office of the Long-Term Care Ombudsman, established pursuant to section 17a-405 . Not later than October 1, 2022, the State Ombudsman appointed pursuant to said section shall, within available appropriations, appoint a Community Ombudsman who shall have access to data pertaining to long-term services and supports provided by a home care provider to a client, including, but not limited to, medical, social and other data relating to such client, provided (1) such client or such client's authorized representative provides written consent to such access, (2) if such client is incapable of providing such consent due to a physical, cognitive or mental health condition or disability, the client communicates consent orally, visually or through the use of auxiliary aids and services, or (3) if such client is incapable of providing such consent as described in subdivision (2) of this subsection, and has no authorized representative, the Community Ombudsman determines the data is necessary to investigate a complaint concerning such client's care. (c) The Community Ombudsman program may: (1) Identify, investigate, refer and resolve complaints about home care services; (2) Raise public awareness about home care and the program; (3) Promote access to home care services; (4) Advocate for long-term care options; (5) Coach individuals in self advocacy; and (6) Provide referrals to home care clients for legal, housing and social services. (d) The Office of the Long-Term Care Ombudsman shall oversee the Community Ombudsman program and provide administrative and organizational support by: (1) Developing and implementing a public awareness strategy about the Community Ombudsman program; (2) Applying for, or working in collaboration with other state agencies to apply for, available federal funding for Community Ombudsman services; (3) Collaborating with persons administering other state programs and services to design and implement an agenda to promote the rights of elderly persons and persons with disabilities; (4) Providing information to public and private agencies, elected and appointed officials, the media and other persons regarding the problems and concerns of older adults and people with disabilities receiving home care; (5) Advocating for improvements in the home and community-based long-term services and supports system; and (6) Recommending changes in federal, state and local laws, regulations, policies and actions pertaining to the health, safety, welfare and rights of people receiving home care. (e) Not later than December 1, 2023, and annually thereafter, the State Ombudsman shall submit a report, in accordance with the provisions of section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and public health on (1) implementation of the public awareness strategy relating to the Community Ombudsman program, (2) the number of persons served in the program, (3) the number of complaints regarding home care filed with the program, (4) the disposition of such complaints, and (5) any gaps in services and resources needed to address such gaps. (f) The State Ombudsman and the Community Ombudsman shall ensure that any health data obtained pursuant to subsection (b) of this section relating to a home care client is protected in accordance with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time. (g) The State Ombudsman may assign a regional community ombudsman the duties and responsibilities of a regional ombudsman for the Office of the Long-Term Care Ombudsman, as deemed necessary by the State Ombudsman.