Bill Text: OR SB855 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the Long Term Care Ombudsman Program.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB855 Detail]

Download: Oregon-2011-SB855-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2767

                         Senate Bill 855

Sponsored by COMMITTEE ON HEALTH CARE, HUMAN SERVICES AND RURAL
  HEALTH POLICY (at the request of United Citizens of Oregon,
  Oregon State Council for Retired Citizens, Oregon Alliance for
  Retired Americans, Parkinson's Resources of Oregon)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prescribes process for nominating individuals to serve as Long
Term Care Ombudsman. Adds new qualification requirements for
ombudsman. Requires consultation with specified persons before
removing ombudsman.
  Requires ombudsman to provide notice and hearing to local
designee prior to removal for violation of contract.
  Requires Long Term Care Advisory Committee to allow public
comments and to record all public meetings.

                        A BILL FOR AN ACT
Relating to the Long Term Care Ombudsman Program; creating new
  provisions; and amending ORS 441.100, 441.103, 441.109,
  441.131, 441.142 and 441.147.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act and ORS 441.146 are
added to and made a part of ORS 441.100 to 441.153. + }
  SECTION 2.  { + (1) The Long Term Care Advisory Committee
established by ORS 441.137 shall appoint a selection committee to
identify the three nominees to be considered by the Governor for
appointment as the Long Term Care Ombudsman under ORS 441.103.
The selection committee must include, but is not limited to, at
least:
  (a) One advocate for seniors;
  (b) One advocate for persons with disabilities;
  (c) Two volunteer ombudsmen who are not serving on the Long
Term Care Advisory Committee; and
  (d) One representative of area agencies, as defined in ORS
410.040.
  (2) The Long Term Care Advisory Committee shall distribute
widely the notice of the Long Term Care Ombudsman position and
shall post notices:
  (a) In communities that reach out to seniors and persons with
disabilities;
  (b) At organizations and agencies that serve seniors or persons
with disabilities;
  (c) With advocacy organizations for seniors or persons with
disabilities;

  (d) At locations of providers of services to seniors or persons
with disabilities;
  (e) At any other location where seniors or persons with
disabilities are likely to be present;
  (f) With appropriate media outlets; and
  (g) In publications, on websites or to electronic mail lists
that are targeted to populations that include seniors or persons
with disabilities. + }
  SECTION 3. ORS 441.100 is amended to read:
  441.100.  { + Notwithstanding ORS 442.015, as used in ORS
441.100 to 441.153: + }
  (1) 'Administrative action' means any action or decision made
by an owner, employee or agent of a long term care facility or by
a public agency that affects the services to residents.
  (2) 'Committee' means the Long Term Care Advisory Committee.
  (3) 'Designee' means an individual appointed by the Long Term
Care Ombudsman to serve as a representative in order to carry out
the purpose of ORS 441.100 to 441.153.
  (4) 'Long term care facility' means   { - any - }  { +  a + }
licensed skilled nursing facility  { + or + } intermediate care
facility  { - , - }  as defined in   { - rules adopted under - }
ORS 442.015,  { + an + } adult foster
  { - homes - }  { +  home as defined in ORS 443.705 + }
 { - with - }  { +  that serves + } residents over 60 years of
age   { - and - }  { + , or a + } residential care facility as
defined in ORS 443.400.
  SECTION 4. ORS 441.103 is amended to read:
  441.103. (1) The office of the Long Term Care Ombudsman is
established. The Long Term Care Ombudsman shall function
separately and independently from any other state agency. The
Governor shall appoint the Long Term Care Ombudsman for a
four-year term from a list of three nominees nominated by the
Long Term Care Advisory Committee   { - established under ORS
441.137 - }  { +  in accordance with section 2 of this 2011
Act + }. Vacancies shall be filled within   { - 60 - }  { +
90 + } days in the same manner as appointments are made, subject
to Senate confirmation under ORS 171.562 and 171.565. { +  The
appointee may not assume the Long Term Care Ombudsman position
until confirmed by the Senate. + }
  (2)  { + The Governor may remove + } the Long Term Care
Ombudsman   { - may be removed - }  for just cause, upon
recommendation to the Governor by the Long Term Care Advisory
Committee { + , volunteer ombudsmen, advocates for seniors and
persons with disabilities and other individuals involved with
long term care issues + }.
  (3) The Long Term Care Ombudsman shall have background and
 { +  demonstrated knowledge and + } experience in the following
areas:
  (a) The field of aging;
  (b) Health care;
  (c) Working with community programs;
  (d)   { - Strong understanding of - }  Long term care issues,
both regulatory and policy;
  (e) Working with health care providers;
  (f) Working with and involvement in volunteer programs;
 { - and - }
  (g) Administrative and managerial experience { + ;
  (h) Community-based long term care and the Oregon long term
care model; and
  (i) Advocacy on behalf of seniors and persons with
disabilities + }.
   { +  (4) The Long Term Care Ombudsman may not have:
  (a) Served in the preceding 10 years as an administrator or
owner of a long term care facility; or
  (b) A financial interest in a long term care facility. + }
  SECTION 5. ORS 441.109 is amended to read:
  441.109. The office of the Long Term Care Ombudsman shall carry
out the following duties:
  (1) Investigate and resolve complaints made by or for residents
of long term care facilities about administrative actions that
may adversely affect their health, safety, welfare or rights,
including subpoenaing any person to appear, give sworn testimony
or to produce documentary or other evidence that is reasonably
material to any matter under investigation.
  (2) Undertake, participate in or cooperate with persons and
agencies in such conferences, inquiries, meetings or studies as
may lead to improvements in the functioning of long term care
facilities.
  (3) Monitor the development and implementation of federal,
state and local laws, regulations and policies that relate to
long term care facilities in this state.
  (4) Provide information to public agencies about the problems
of residents of long term care facilities.
  (5) Work closely with cooperative associations and citizen
groups in this state.
  (6) Widely publicize the Long Term Care Ombudsman's service,
purpose and mode of operation.
  (7) Collaborate with the Department of Human Services and the
Nursing Home Administrators Board to establish a statewide system
to collect and analyze information on complaints and conditions
in long term care facilities for the purpose of publicizing
improvements and resolving significant problems.
  (8) Appoint designees { + , as provided in ORS 441.131, + } to
serve as local representatives of the office in various districts
of the state and regularly monitor their functions.
  (9) Specify qualifications and duties of designees.
  (10) Adopt rules necessary for carrying out ORS 441.100 to
  { - 441.133 - }  { +  441.153 + }, after consultation with the
committee.
  (11) Provide periodically, or at least twice annually, a report
to the Governor, department and the Legislative Assembly.
  (12) Prepare necessary reports with the assistance of the
department.
  SECTION 6. ORS 441.131 is amended to read:
  441.131. (1) The  { + Long Term Care Ombudsman shall appoint
designees + }   { - appointments of designees shall be made - }
in consultation with a local screening committee   { - which - }
 { +  appointed by and serving at the pleasure of the ombudsman.
The local screening committee + } may   { - consist of but not
be - }  { +  include but is not + } limited to persons
representing:
  (a) The area agency on aging.
  (b) The local office of the Department of Human Services.
  (c) The local health department.
  (d) Senior citizens groups in the area.
  (e) Long term care facilities in the area.
  (f) Local elected officials.
   { +  (2) Designees shall:
  (a) Have experience with long term care facilities or with
residents or potential residents of long term care facilities;
  (b) Have the ability to communicate well;
  (c) Understand the laws, rules and regulations governing long
term care facilities; and
  (d) Be assertive and objective.
  (3) The Long Term Care Ombudsman shall give preference in the
appointment of designees to individuals with experience in social
services, gerontology, nursing or paralegal work. + }
    { - (2) - }  { +  (4) + }   { - To be appointed as a
designee, a person - }   { + Upon appointment, a designee + }
must complete six days of initial training and attend quarterly
training sessions which are approved by the Long Term Care
Ombudsman and which shall be coordinated and funded by the
Department of Human Services subject to the availability of funds
therefor.   { - Local screening committees shall be appointed by
and serve at the pleasure of the ombudsman. - }  { +  The office
of the Long Term Care Ombudsman shall maintain a directory of all
designees. + }
    { - (3) - }  { +  (5) + } Designees must sign a contract with
the state
  { - which - }  { +  that + } outlines the scope of their
duties.   { - In districts where a designee is an employee or
agent of a local entity, a three-party contract shall be
executed. Violation of the contract is cause for the termination
of the appointment. A directory of all designees shall be
maintained in the office of the Long Term Care Ombudsman. - }
 { +  The Long Term Care Ombudsman may remove a designee, after
notice and an opportunity for a contested case hearing in
accordance with ORS chapter 183, if the designee violates the
contract. + }
    { - (4) The qualifications of designees shall include
experience with long term care facilities or residents thereof or
potential residents including the ability to communicate well, to
understand laws, rules and regulations, and to be assertive, yet
objective. - }
    { - (5) Experience in either social service, gerontology,
nursing or paralegal work shall be preferred. - }
  (6) The contract shall   { - include statements - }  { +
state + } that the purpose of the Long Term Care Ombudsman
Program is to:
  (a) Promote rapport and trust between the residents, staff of
  { - the nursing home and nursing home - }  { +  a long term
care facility and the Long Term Care + } Ombudsman Program;
  (b) Assist   { - nursing home - }  residents   { - with
participating more actively - }   { + in long term care
facilities with having a more active role + } in determining the
 { - delivery of - }  services  { + to be delivered + } in long
term care facilities;
  (c) Serve as an educational resource;
  (d) Receive, resolve or relay concerns to the Long Term Care
Ombudsman or the appropriate agency; and
  (e) Assure equitable resolution of problems.
  (7) The duties of the designees are to:
  (a) Visit each assigned long term care facility on a regular
basis  { + and during each visit + }:
  (A)   { - Upon arrival and departure, - }  Inform a specified
staff member { +  of the designee's arrival and departure + }.
  (B) Review, with a specified staff member, any problems or
concerns   { - which - }  { +  that + } need to be considered.
  (C) Visit individual residents and resident councils.
  (b) Maintain liaison with appropriate agencies and the Long
Term Care Ombudsman.
  (c) Report { +  monthly + }, in writing,   { - monthly - }  to
the Long Term Care Ombudsman.
  (d) Keep residents and long term care staff informed of the
Long Term Care Ombudsman Program.
  (e) Periodically review the   { - Patients' Bill of Rights - }
 { + residents' and nursing home patients' bill of rights under
ORS 441.600 to 441.625 and 443.739 + } with residents, families,
guardians, administrators and staff.
  (f) Perform other related duties as specified.
  SECTION 7. ORS 441.142 is amended to read:
  441.142. The Long Term Care Advisory Committee shall:
  (1) Monitor the Long Term Care Ombudsman Program.
  (2) Advise the Governor and the Legislative Assembly on the
Long Term Care Ombudsman Program.
  (3) Nominate, after interviews and   { - according to
prescribed criteria - }  { +  in accordance with section 2 of

this 2011 Act + }, three persons to fill the   { - office of - }
Long Term Care Ombudsman { +  position + }.
  SECTION 8. ORS 441.147 is amended to read:
  441.147. (1) The Long Term Care Advisory Committee shall select
one of its members as chairperson and another as vice
chairperson, for such terms and with duties and powers necessary
for the performance of the functions of such offices as the
committee determines.
  (2) A majority of the members of the committee constitutes a
quorum for the transaction of business. Decisions may be made by
a majority of the quorum.
  (3) The committee shall meet at least once each month at a
place, day and hour determined by the committee. The committee
also shall meet at other times and places specified by the call
of the chairperson or of a majority of the members of the
committee.  { +  The committee shall provide a period of at least
15 minutes to receive public testimony or written comments at
each public meeting. All meetings must be recorded by electronic
means and the recordings must be maintained and accessible to the
public for at least two years.
  (4) + } The committee shall confer each month with the Long
Term Care Ombudsman.
    { - (4) - }  { +  (5) + } A member of the Long Term Care
Advisory Committee is entitled to compensation and expenses as
provided in ORS 292.495.
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