1. (1)(a) The division shall establish an ombudsman office pursuant to 42 U.S.C. 3058g.

   1. (b) The office shall be responsible for administration of the ombudsman program.
2. (2) The ombudsman shall serve full-time.
3. (3) The ombudsman may not be required to manage or perform services or duties unrelated to the ombudsman program, except on a time-limited and intermittent basis.

4. (4) The ombudsman shall, at a minimum:

   1. (a) demonstrate expertise in long-term services and supports or other direct services for residents;
   2. (b) demonstrate expertise in consumer-oriented public policy advocacy;
   3. (c) possess leadership and program management skills; and
   4. (d) possess negotiation and problem resolution skills.
5. (5) The ombudsman shall ensure compliance with the relevant state and federal requirements of the office and ombudsman program.
6. (6) The division shall provide the ombudsman opportunities for training to maintain expertise to serve as an effective advocate for residents.
7. (7) The office shall ensure that policies and procedures exist to prohibit and investigate allegations of willful interference, retaliation, and reprisals against any individual for the filing of a complaint or cooperation with the office.
8. (8) The office shall enforce appropriate sanctions for willful interference, retaliation, and reprisals.

9. (9) The office is responsible for the following administrative requirements of the ombudsman program:

   1. (a) coordinating responsibilities between the office and each local ombudsman entity for the health, safety, well-being, and preservation of the rights of each resident;
   2. (b) developing cooperative relationships with any agency involved in long-term care;
   3. (c) engaging in long-term care advocacy, including prioritizing any complaint of abuse, neglect, or exploitation and coordinating with statewide or national long-term care advocacy organizations;
   4. (d) ensuring consistent reporting of ombudsman program activities;
   5. (e) ensuring that each resident has regular and timely access to services offered by the ombudsman program;
   6. (f) identifying, investigating, and resolving any complaint made by or on behalf of a resident and a decision of a provider, public agency, or health and social services agency that may adversely affect the health, safety, welfare, and rights of a resident;
   7. (g) having final approval of any determination to de-certify a local ombudsman entity's representative;

   8. (h) informing each resident of the ability to obtain services offered by the ombudsman program;

      1. (i) monitoring each local ombudsman entity at least annually to assess the performance of the local ombudsman entity;
   9. (j) obtaining funding and resources from state and federal sources;

   10. (k) coordinating personnel decisions of each local ombudsman entity, including having final approval in the hiring of any local ombudsman entity's representative;

       1. (l) providing certification and training to each local ombudsman entity, including any staff or volunteer;
   11. (m) providing information to the public regarding the ombudsman program;
   12. (n) providing technical assistance to each local ombudsman entity;
   13. (o) recommending rules or program policies and procedures for the implementation of the ombudsman program;
   14. (p) resolving conflict among any agency involved in long-term care; and
   15. (q) reviewing, facilitating public comment on, and recommending changes in federal, state, or local regulation, law, and policy that pertain to the health, safety, welfare, and rights of each resident.
10. (10) The office shall assess and monitor the use of fiscal resources appropriated or otherwise available to the office.
11. (11) The office shall approve allocation of funds to a local ombudsman entity and shall ensure that the budget and expenditures of each local ombudsman entity adheres to state and federal requirements.

12. (12)(a) The ombudsman shall prepare an annual report that includes:

    1. (i) a description of the activities carried out by the office in the year for which the report is prepared;

       1. (ii) a description of any barrier that prevents the optimal operation of the ombudsman program;
       2. (iii) a recommendation of policy, regulatory, or legislative amendments for improving the quality of care and life for each resident;
       3. (iv) an analysis of the ombudsman program data;
       4. (v) an analysis of the ombudsman program's ability to provide services to each resident; and
       5. (vi) an evaluation of any problem experienced by or any complaint made by a resident.

    2. (b) The office shall provide the annual report to the following committees of the Utah State Legislature:

       1. (i) House Health and Human Services Committee;
       2. (ii) Senate Health and Human Services Committee; and
       3. (iii) Social Services Appropriations Committee.
13. (13) The office shall maintain data and records regarding activities of the ombudsman program and any complaint submitted to the office.

14. (14) The office shall maintain a central registry of each local ombudsman entity that contains:

    1. (a) the name, address, and telephone number of each local ombudsman entity's employee or volunteer;
    2. (b) the most recent date of certification of each local ombudsman entity's employee or volunteer;
    3. (c) a summary of each local ombudsman entity's representative's qualifications;
    4. (d) the local area agency with which the local ombudsman entity is associated;
    5. (e) any conflict of interest; and
    6. (f) any information pertaining to any de-certification action.

KEY: ombudsman, LTCO

Date of Last Change: October 9, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-3, 42 U.S.C. 3058g, 45 CFR 1324(A)