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A district may have one or more local councils. Local councils are also known as district long-term care ombudsman councils or district councils. Furthermore, there is a need for a formal mechanism whereby a long-term care facility resident, a representative of a long-term care facility resident, or any other concerned citizen may make a complaint against the facility or its employees or against other persons who are in a position to restrict, interfere with, or threaten the rights, health, safety, or welfare of a long-term care facility resident.
The Legislature finds that concerned citizens are often more effective advocates for the rights of others than governmental agencies. The Legislature further finds that in order to be eligible to receive an allotment of funds authorized and appropriated under the federal Older Americans Act, the state must establish and operate an Office of State Long-Term Care Ombudsman, to be headed by the State Long-Term Care Ombudsman, and carry out a long-term care ombudsman program.
To ensure that the effectiveness and efficiency of such investigations are not impeded by advance notice or delay, the Legislature intends that the representatives of the State Long-Term Care Ombudsman Program not be required to obtain warrants in order to enter into or conduct investigations or onsite administrative assessments of long-term care facilities.
It is the further intent of the Legislature that the environment in long-term care facilities be conducive to the dignity and independence of residents and that investigations by representatives of the State Long-Term Care Ombudsman Program shall further the enforcement of laws, rules, and regulations that safeguard the health, safety, and welfare of residents.
The secretary shall appoint a person who has expertise and experience in the fields of long-term care and advocacy to serve as state ombudsman.
Assisting the state ombudsman in carrying out the duties of the office with respect to the abuse, neglect, exploitation, or violation of rights of residents of long-term care facilities.
Assisting the representatives of the State Long-Term Care Ombudsman Program in carrying out their responsibilities under this part. Pursuing administrative, legal, and other appropriate remedies on behalf of residents.
Serving as legal counsel to the representatives of the State Long-Term Care Ombudsman Program in any suit or other legal action that is initiated in connection with the performance of the official duties of the representatives of the State Long-Term Care Ombudsman Program.
Staff positions established for the purpose of coordinating the activities of each local council and assisting its members may be filled by the ombudsman after approval by the secretary. Notwithstanding any other provision of this part, upon certification by the ombudsman that the staff member hired to fill any such position has completed the initial training required under s.
The state ombudsman shall submit the report to the secretary, the United States Assistant Secretary for Aging, the Governor, the President of the Senate, the Speaker of the House of Representatives, the Secretary of Children and Families, and the Secretary of the Agency for Health Care Administration at least 30 days before the convening of the regular session of the Legislature.
The report must, at a minimum: Contain and analyze data collected concerning complaints about and conditions in long-term care facilities and the disposition of such complaints. Evaluate the problems experienced by residents.
Analyze the successes of the State Long-Term Care Ombudsman Program during the preceding year, including an assessment of how successfully the program has carried out its responsibilities under the Older Americans Act.
Contain any relevant recommendations from the representatives of the State Long-Term Care Ombudsman Program regarding program functions and activities. Any individual member or members of the state council may enter any long-term care facility involved in an appeal, pursuant to the conditions specified in s.
The state ombudsman shall submit to the secretary a list of individuals recommended for appointment to the at-large positions on the state council. The list may not include the name of any individual who is currently serving in a district.
The secretary shall appoint three at-large members chosen from the list. State council members shall serve 3-year terms. A member of the state council may not serve more than two consecutive terms.A nursing home administrator is a licensed health care professional and chief executive officer for the skilled nursing facility that operates 24/7/ Skilled Nursing Facilities, more commonly known as nursing homes, are a healthcare option for seniors that are in need of constant medical attention.
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Can a nursing home require an incoming resident to complete a new advance directive? No. A nursing home cannot require a resident to replace an advance directive with one written on the nursing home’s own form.
The nursing home must make the existing advance directive part of . 1. Nursing Homes. Each of the four case studies included one or two nursing homes (Table III.1). The term nursing home is used to refer to Medicare skilled nursing facilities (SNFs), transitional care units (TCUs), or nursing facilities (NF), recognizing that some of the providers may have a post-acute care orientation while others provide more chronic care.
The nursing home administrator, or the administrator’s designee, must forward the request for review contained in the notice to the State Long-Term Care Ombudsman Program or local ombudsman council within 24 hours after such request is submitted.