Bill Text: CT HB05350 | 2014 | General Assembly | Comm Sub

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Bill Title: An Act Concerning An Assistant To The Long-term Care Ombudsman.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-04 - Referred by House to Committee on Appropriations [HB05350 Detail]

Download: Connecticut-2014-HB05350-Comm_Sub.html

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General Assembly		Raised Bill No. 5350
February Session, 2014		LCO No. 1762
		*_____HB05350AGE___031114____*
Referred to Committee on AGING
Introduced by:
(AGE)

AN ACT CONCERNING AN ASSISTANT TO THE LONG-TERM CARE OMBUDSMAN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17b-400 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) As used in this chapter:

(1) "State agency" means the Department on Aging.

(2) "Office" means the Office of the Long-Term Care Ombudsman established in this section.

(3) "State Ombudsman" means the State Ombudsman established in this section.

(4) "Assistant State Ombudsman" means the Assistant State Ombudsman appointed by the State Ombudsman to carry out duties pursuant to section 2 of this act.

[(4)] (5) "Program" means the long-term care ombudsman program administered by the Office of the Long-Term Care Ombudsman established in this section.

[(5)] (6) "Representative" includes the Assistant State Ombudsman, a regional ombudsman, a residents' advocate or an employee of the Office of the Long-Term Care Ombudsman who is individually designated by the State Ombudsman.

[(6)] (7) "Resident" means an older individual who resides in or is a patient in a long-term care facility who is sixty years of age or older.

[(7)] (8) "Long-term care facility" means any skilled nursing facility, as defined in Section 1819(a) of the Social Security Act [,] (42 USC 1395i-3(a)), any nursing facility, as defined in Section 1919(a) of the Social Security Act [,] (42 USC 1396r(a)), a board and care facility, as defined in Section 102(19) of the federal Older Americans Act [,] (42 USC 3002(19)), and for purposes of ombudsman program coverage, an institution regulated by the state pursuant to Section 1616(e) of the Social Security Act [,] (42 USC 1382e(e)) and any other adult care home similar to a facility or nursing facility or board and care home.

[(8)] (9) "Commissioner" means the Commissioner on Aging.

[(9)] (10) "Applicant" means an older individual who has applied for admission to a long-term care facility.

(b) There is established an independent Office of the Long-Term Care Ombudsman within the Department on Aging. The Commissioner on Aging shall appoint a State Ombudsman who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy to head the office and the State Ombudsman shall appoint [assistant] an Assistant State Ombudsman and regional ombudsmen. In the event the State Ombudsman [or an assistant regional ombudsman] is unable to fulfill the duties of the office, the commissioner shall appoint an acting State Ombudsman and in the event that the Assistant State Ombudsman or a regional ombudsman is unable to fulfill the duties of the office, the State Ombudsman shall appoint an acting [assistant] Assistant State Ombudsman or an acting regional ombudsman, as the case may be.

(c) Notwithstanding the provisions of subsection (b) of this section, on and after July 1, 1990, the positions of State Ombudsman, Assistant State Ombudsman and regional ombudsmen shall be classified service positions. The State Ombudsman and regional ombudsmen holding said positions on said date shall continue to serve in their positions as if selected through classified service procedures. As vacancies occur in such positions thereafter, such vacancies shall be filled in accordance with classified service procedures.

Sec. 2. (NEW) (Effective July 1, 2014) The Assistant State Ombudsman shall act in accordance with the policies and procedures established by the Office of the Long-Term Care Ombudsman and the State Ombudsman. The Assistant State Ombudsman, under the supervision of the State Ombudsman, shall:

(1) Provide services to protect the health, safety, welfare and rights of residents;

(2) Ensure that residents in service areas have regular timely access to representatives of the program and timely responses to complaints and requests for assistance;

(3) Identify, investigate and resolve complaints made by or on behalf of residents that relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents or by, or on behalf of, applicants in relation to issues concerning applications to long-term care facilities;

(4) Provide technical assistance to the regional ombudsmen;

(5) Represent the interests of residents and applicants in relation to their applications to long-term care facilities before government agencies and seek administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents;

(6) Review and, if necessary, comment on any existing and proposed laws, regulations and other government policies and actions that pertain to the rights and well-being of residents and applicants in relation to their applications to long-term care facilities, and facilitate the ability of the public to comment on the laws, regulations, policies and actions;

(7) Support the development of resident and family councils;

(8) Support the development and implementation of the pilot community ombudsman program created pursuant to subdivision (14) of subsection (b) of section 17b-403 of the general statutes;

(9) Support the development of technology to promote outreach and education;

(10) Monitor program data entry, prepare reports and analyze data;

(11) Support program volunteer recruitment and training efforts; and

(12) Carry out other activities that the State Ombudsman determines to be appropriate.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2014	17b-400
Sec. 2	July 1, 2014	New section

AGE

Joint Favorable