Creation of Office; appointment; duties and powers. [Effective January 1, 2020.]

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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; and

(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.

(Added to NRS by 1983, 1026; A 1993, 115; 2009, 41; 2015, 383; 2017, 700; 2019, 264, effective January 1, 2020)


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