Nevada § 427A.125 - Creation of Office; appointment; classification; duties and powers

§ 427A.125. Creation of Office; appointment; classification; duties and powers

1. The Office of the State Long-Term Care Ombudsman is hereby created within the Division. 2. The Administrator shall appoint the State Long-Term Care Ombudsman to advocate

for the protection of the health, safety, welfare and rights of recipients. The Ombudsman is in the classified service of the State. The Ombudsman shall, under direction of the Administrator: (a) Train advocates to: (1) Receive, investigate and attempt to resolve complaints made by or on behalf of

recipients. (2) Investigate acts, practices, policies or procedures of any facility for long-term

care, day care center, facility for long-term rehabilitation or provider of living

arrangement services or any governmental agency which relates to such care or services

and may adversely affect the health, safety, welfare or civil rights of recipients

and report the results of the investigations to the Ombudsman and the Administrator. (3) Record and analyze information and complaints about facilities for long-term care,

day care centers, facilities for long-term rehabilitation and providers of living

arrangement services to identify problems affecting recipients to whom they provide

services. (4) Provide for the support and development of recipient and family councils to protect

the well-being and rights of recipients. (5) Assist facilities for long-term care, day care centers, facilities for long-term

rehabilitation and providers of living arrangement services to provide services to

recipients in the manner set forth in paragraph (b). (b) Develop a course of training to be made available to officers, directors and employees

of a facility for long-term care, a day care center, a facility for long-term rehabilitation

or a provider of living arrangement services to encourage such facilities and providers

to provide services to recipients in a manner that allows the recipients to follow

their own routine and make their own decisions concerning the daily activities in

which to participate. The course must also provide information concerning how to provide services in that

manner. (c) Coordinate services within the Department which may affect recipients and prospective

recipients to ensure that such services are made available to eligible persons. (d) Provide information to interested persons and to the general public concerning

the functions and activities of the Ombudsman. (e) Report annually to the Administrator. 3. The Ombudsman may: (a) Analyze, provide comment on and monitor the development and implementation of

any federal, state or local governmental action, activity or program that relates

to the protection of the health, safety, welfare and rights of recipients; (b) Recommend changes to any federal, state or local governmental action, activity

or program described in paragraph (a) without the prior approval of the Administrator;

and (c) Offer assistance to a residential facility for groups, a resident and any representative

of the resident in planning for the discharge and relocation of the resident pursuant

to NRS 449A.286 in order to assure the safe and orderly transition of the resident and to protect

the health, safety, welfare and rights of the resident. As used in this paragraph: (1) “ Representative of the resident ” has the meaning ascribed to it in NRS 449A.274 . (2) “ Resident ” has the meaning ascribed to it in NRS 449A.276 . (3) “ Residential facility for groups ” has the meaning ascribed to it in NRS 449.017 .