(1) In order to implement the provisions of this article 11.5, the state department shall carry out the following duties:
Establish a statewide uniform reporting system to collect and analyze data relating tocomplaints and conditions in long-term care facilities or PACE programs for the purpose of identifying and resolving significant problems, with specific provision for the submission of such data on a regular basis to the state agency responsible for licensing or certifying long-term care facilities and to the department of health care policy and financing for PACE organizations;
Establish procedures to assure that information contained in any files maintained inaccordance with the state long-term care ombudsman program and state PACE ombudsman program shall be disclosed only at the discretion of the state long-term care ombudsman or the state PACE ombudsman, as applicable, and that the identity of a complainant be disclosed only with the written consent of such complainant or in accordance with a court order;
Ensure that individuals involved in the designation of the state long-term care ombudsman and the state PACE ombudsman, and any officer, employee, or volunteer of the statewide program performing ombudsman functions, do not have a conflict of interest;
Ensure that adequate legal counsel is available to an ombudsman for advice andcounseling concerning the performance of ombudsman duties and functions and for legal representation of an ombudsman against whom legal action is brought in connection with the performance of ombudsman duties and functions provided for under this article;
Promulgate rules necessary for the efficient administration and operation of the statelong-term care ombudsman program and state PACE ombudsman program; and
(I) Prior to the start of the 2018 legislative session and annually thereafter, report tothe joint budget committee and to the state department's legislative committee of reference pursuant to section 2-7-203 concerning the state long-term care ombudsman program and the state PACE ombudsman program, including program caseloads and the need, if any, for additional local ombudsmen in the programs.
(II) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (1)(f) continues for five years. This subsection (1)(f) is repealed, effective July 1, 2022.
Source: L. 90: Entire article added, p. 1405, § 1, effective April 10. L. 2016: (1)(a),
(1)(b), and (1)(c) amended, (SB 16-199), ch. 270, p. 1120, § 8, effective June 10. L. 2017: IP(1), (1)(a), (1)(b), and (1)(e) amended and (1)(f) added, (HB 17-1264), ch. 363, p. 1903, § 9, effective June 5.