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

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

(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.

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.

Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.