Colorado § 26-11.5-109 - Interference with ombudsmen prohibited - civil penalty.

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

(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.

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.

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.