1. (1) Each local ombudsman entity shall provide ombudsman program services to protect the health, safety, welfare and rights of a resident.

2. (2) The services that a local ombudsman entity shall provide include:

   1. (a) advocacy on behalf of a resident;
   2. (b) consultation with a resident;
   3. (c) interagency coordination;
   4. (d) management of a volunteer for the ombudsman program;
   5. (e) routine visits to a resident or long-term care facility at least quarterly;
   6. (f) the development of resident councils and family councils;
   7. (g) the provision of activities for each resident and resident and family council;

   8. (h) the provision of community education regarding the ombudsman program;

      1. (i) the provision of information and assistance to a resident; and
   9. (j) the receipt and investigation of a complaint made by or on behalf of a resident pursuant to the process described in Section R500-3-12.
3. (3) Each local ombudsman entity shall ensure that each resident in the service area has regular, timely access to a representative of the ombudsman program and receives timely responses to any complaint or request for assistance.
4. (4) Each local ombudsman entity shall represent the resident interest before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of a resident.
5. (5) Each local ombudsman entity shall review, facilitate public comment on, and recommend changes in federal, state, or local regulations, laws, and policies that pertain to the health, safety, welfare, and rights of a resident.

6. (6) Each local ombudsman entity shall document case information in the ombudsman electronic case management program, including any:

   1. (a) activity completed on the case;
   2. (b) consultation completed on the case; and
   3. (c) other required information.

7. (7) A local ombudsman entity may not:

   1. (a) act as a guardian;
   2. (b) act as a payee;
   3. (c) exercise a resident's power of attorney;
   4. (d) provide services to a resident that should be provided in the facility in which the resident resides;
   5. (e) sign any consent form for a survey, a medication, or restraints;
   6. (f) sign any medical directive; or
   7. (g) transport a resident.

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)