Long term care ombudsman amendments.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0101

ENROLLED ACT NO. 72, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to the Long Term Care Ombudsman Act; amending definitions; amending responsibilities as specified; amending provisions regarding investigation and resolution of complaints as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 9
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2
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1302(a)(v), by creating a new paragraph (vi) and by amending and renumbering (vi) as (vii), 9
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2
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1303, 9
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2
‑
1304, 9
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2
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1305(a) through (c), 9
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2
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1306 and 9
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3
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1308 are amended to read:

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1302.

Definitions.

(a)

As used in this act:

(v)

"Long term care
facility
service
" means any
skilled or intermediate care

nursing home or board and care home,
service, provided by an assisted living facility,
adult day care facility,
boarding home,
home health agency
, hospice, hospital swing bed, nursing care facility, personal care agency
or other type of
personal care home or
service subject to regulation
,

and
certification or
licensure by the department,
but not including habilitative care
;

(vi)

"Older Americans Act" means the federal Older Americans Act, as amended;

(vi)
(vii)

"Resident" means any
person
adult
who is receiving
treatment or care in
a long term care
facility
service
.

9
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1303.

Office created.

There presently exists, pursuant to
federal law
the Older Americans Act
, the office of long term care ombudsman. The office is under the supervision of the department through its director or as otherwise directed by the department.

9
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2
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1304.

Responsibilities.

(a)

The responsibilities of the ombudsman shall be to:

(i)

Investigate
,

and
advocate and mediate on behalf of adults applying for or receiving long term care services, to
resolve complaints
of residents and the management of long term care facilities with regard to
concerning
actions
or inactions
that may adversely affect
resident
health, safety, welfare or rights
and that do not involve determination of compliance for maintaining a license or certification
;

(ii)

Provide information to public agencies about the problems of residents
in
receiving
long term care
facilities
services
;

(iii)

Train volunteers and assist in the development of citizen organizations to participate in the ombudsman program;

(iv)
(iii)

Carry out other activities consistent with the purpose of this act which the department determines appropriate; and

(v)
(iv)

Monitor the development and implementation of federal, state and local laws, regulations and policies with respect to long term care
facilities
services
in Wyoming.

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1305.

Investigations.

(a)

The ombudsman shall
investigate
conduct an appropriate inquiry into
all complaints pursuant to this act.
Prior to undertaking an investigation,
T
he ombudsman shall notify any
facility or agency
provider of a long term care service
affected by the
investigation unless the ombudsman has good cause to believe that prior notice would result in increased harm or risk of harm to the resident by whom, or on whose behalf, a complaint has been made. If the complaint is without merit or has been resolved, the ombudsman shall inform the affected parties of the decision and state the reasons
inquiry
.

(b)

In
making any investigation
conducting an inquiry
, the ombudsman
may
shall
engage in appropriate actions including:

(i)

Making inquiries of affected parties or those with the knowledge of matters necessary to establish
,

or
deny
or resolve
the complaint;

(ii)

Entering
,

a
at any reasonable time, the
facility
, after giving twenty
‑
four (24) hours notice to the facility and providing proper identification upon entering.
of a provider of any long term care service subject to regulation, certification or licensure by the department;

(iii)

Presenting proper identification to any long term care service provider, if requested.

(c)

Any
investigation
inquiry
that requires the inspection or obtaining of medical records or other
resident
records
pertaining to residents from any long term care facility or government agency,
which are pertinent to the inquiry
shall
be referred to the department and shall require the permission of the resident or his guardian, if any
comply with all established privacy notification requirements
.

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1306.

Resolution of complaints.

(a)

The ombudsman shall attempt to resolve the complaint using mediation and negotiation whenever possible.

(a)
(b)

Following an investigation, the ombudsman shall report his findings and recommendations to the resident
,

or
resident's guardian and
the chief administrative officer of the facility or government agency affected. The ombudsman shall attempt to resolve the complaint using mediation and negotiation whenever possible
may report the findings to any other entity deemed appropriate
.

(b)
(c)

The
person
provider of long term care service
complained against shall have a reasonable opportunity to respond to the complaint
.

and appeal the finding of the ombudsman. If the problem is not resolved within a reasonable period of time, or
I
f the problem seriously threatens the safety or well-being of a resident, the ombudsman shall refer the complaint to an appropriate agency.

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1308.

Retaliation.

No person shall discriminate against any resident, relative or guardian of a resident, employee of a long term care
facility
service provider
or any other person because of the making of a complaint or providing of information, in good faith, to the ombudsman.

Section 2.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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