1. (1) Each local area agency shall administer the contract for the daily operation of a local ombudsman entity within the local area agency's service area. Administration of the contract shall include:

   1. (a) fiscal monitoring of a local ombudsman entity to ensure that services are being provided pursuant to the terms of the contract;
   2. (b) monitoring of a local ombudsman entity to ensure attainment of the entity's goals and objectives; and
   3. (c) ensuring that a local ombudsman entity visits each long-term care facility within the coverage area at least quarterly for a non-complaint-related walkthrough.
2. (2) Each local area agency shall provide a local ombudsman entity with opportunities for the entity to collaborate with other social services organizations.
3. (3) Each local area agency shall provide referrals for services to a local ombudsman entity.
4. (4) Each local area agency shall ensure that information pertaining to a local ombudsman entity is provided to the ombudsman and office in the format required.
5. (5) Each local area agency shall prohibit the disclosure of the identity of any complainant or resident of a long-term care facility.
6. (6) Each local area agency shall restrict access to records to a certified local ombudsman entity's staff.
7. (7) Each local area agency shall ensure a local ombudsman entity's attendance at certification training and any mandatory statewide training.
8. (8) Each local area agency shall provide staff support to a local ombudsman entity as needed to support the ombudsman program.
9. (9) Each local area agency shall arrange for temporary ombudsman services in a service area when a local ombudsman entity's staff is unavailable or a staff position is vacant.

10. (10)(a) A local area agency may apply for a waiver of any responsibility described in Subsections (1) through (9) to the office.

    1. (b) The ombudsman shall review any request for a waiver.

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)