20 CAR § 432-316 – Process for refusal to designate, suspension of designation, or withdrawal of an individual as an ombudsman representative

(a) Prior to refusing to designate, suspending designation, or dedesignating an individual as an ombudsman representative, the State Long-Term Care Ombudsman shall consult with the relevant provider agency to consider remedial actions which could be taken.
(b)
1. (1) The State Long-Term Care Ombudsman shall provide written notice of the decision to refuse to designate, suspend designation, or dedesignate an individual as an ombudsman representative to the:
  1. (A) Provider agency;
  2. (B) Area agency on aging, if applicable; and
  3. (C) Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
2. (2) Such notice shall:
  1. (A) Specify the reasons for and effective date of the decision; and
  2. (B) In the case of a suspension, indicate the circumstances under which the suspension will end or be reconsidered.
(c) The Regional Ombudsman shall promptly notify the administration which facilities had been regularly visited by such individual of the dedesignation or suspension of designation.
(d) If the decision to refuse to designate, suspend designation, or dedesignate an individual as an ombudsman representative results in the absence of representative services in the relevant service area, the provider agency, the area agency on aging, and the State Long-Term Care Ombudsman shall arrange for the provision of representative services until an ombudsman representative is designated.
(e)
1. (1) Once decertified, the former ombudsman representative must return his or her photo identification badge and card to the Regional Ombudsman or the State Long-Term Care Ombudsman immediately upon notification.
2. (2) The regional ombudsman program or the State Long-Term Care Ombudsman shall:
  1. (A) Ensure the identification badge and card badge are retrieved and destroyed;
  2. (B) Document the date of receipt of the returned identification; and
  3. (C) Retain the documentation within the Long Term Care Ombudsman’s file for five (5) years.
3. (3)
  1. (A) The Regional Ombudsman or provider agency, as appropriate, in consultation with the State Long-Term Care Ombudsman, shall make a reasonable effort to notify, in writing, the facilities known to be frequented by the former ombudsman.
  2. (B) The State Long-Term Care Ombudsman shall receive a copy of the notification.