(1) Local Ombudsman Program Directors.

1. (a) No person will serve as the director of a local ombudsman program, by employment or association, until they are certified, or temporarily certified as a trainee, by the State Ombudsman. The State Ombudsman may refuse, suspend, or remove such certification of a local ombudsman program director.

2. (b) Certification Requirements. To be certified by the State Ombudsman, a local ombudsman program director must, at a minimum:

   1. 1. meet the qualifications of a local ombudsman program director established by the State Ombudsman;

   2. 2. satisfactorily complete an ombudsman basic training program conducted by the State Ombudsman as set forth in 101 CMR 30.10;

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      Final Adoption

      Date Published in Mass Register: August 5, 2022

101 CMR 30.00: STATEWIDE LONG-TERM CARE OMBUDSMAN PROGRAM

1. 3. attend on a regular basis the State Ombudsman-sponsored director training or meeting sessions;
2. 4. comply with all laws, regulations, policies, and procedures governing the Ombudsman Program; and
3. 5. provide assurances and, if requested, documentation that they have no conflict of interest with the Ombudsman Program.

1. (c) De-certification. After receiving certification to serve as a director, the local ombudsman program director will remain certified until:

   1. 1. the State Ombudsman de-designates the local ombudsman program where the individual serves as director;
   2. 2. the local ombudsman program director is no longer employed as director or associated with a local ombudsman program; or
   3. 3. the local ombudsman program director receives a written notice of suspension or removal of certification from the State Ombudsman citing a material failure to comply with one or more of the certification requirements stated in 101 CMR 30.09(1), or fails to perform all required duties of the director of the local ombudsman program.

(2) Ombudsman Representatives.

1. (a) No person will serve as an ombudsman representative, by employment or association, unless they are certified by the State Ombudsman. The State Ombudsman may refuse, suspend, or remove such certification of an ombudsman representative.

2. (b) Certification Requirements. To be certified by the State Ombudsman, the ombudsman representative must, at a minimum:

   1. 1. satisfactorily complete an ombudsman basic training program authorized by the State Ombudsman as set forth in 101 CMR 30.10;
   2. 2. comply with all relevant laws, regulations, policies, and procedures; and
   3. 3. provide assurances and, if requested, documentation that they have no conflict of interest with the Ombudsman Program.

3. (c) De-certification Requirements. After receiving certification, an ombudsman representative will remain certified until

   1. 1. the State Ombudsman de-designates the local ombudsman program with which the ombudsman representative is associated;
   2. 2. the ombudsman representative is no longer employed or associated with a local ombudsman program; or
   3. 3. the ombudsman representative receives a written notice of suspension or removal of certification from the State Ombudsman, citing a material failure to comply with one or more of the certification requirements stated in 101 CMR 30.09, or fails to perform all required duties of an ombudsman representative.

(3) The local ombudsman program director or the ombudsman representative may request that the State Ombudsman reconsider a decision to refuse, suspend, or remove the certification of a local ombudsman program director or ombudsman representative. The State Ombudsman will make the final determination to certify or to refuse, suspend, or remove certification under 101 CMR 30.09.

11

Final Adoption

Date Published in Mass Register: August 5, 2022

101 CMR 30.00: STATEWIDE LONG-TERM CARE OMBUDSMAN PROGRAM