Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) The state long-term care ombudsman shall do all of the following:
(1) Appoint a staff and direct and administer the work of the staff;
(2) Oversee the performance and operation of the office of the state long-term care ombudsman program, including the operation of regional long-term care ombudsman programs;
(3) Establish and maintain a statewide uniform reporting system to collect and analyze information relating to complaints and conditions in long-term care facilities and complaints regarding the provision of community-based long-term care services for the purpose of identifying and resolving significant problems;
(4) Provide for public forums to discuss concerns and problems relating to action, inaction, or decisions that may adversely affect the health, safety, welfare, or rights of residents, recipients and their representatives with respect to services by long-term care providers, public agencies and entities, and social service agencies. This may include any of the following: conducting public hearings; sponsoring workshops and conferences; holding meetings for the purpose of obtaining information about residents and recipients, discussing and publicizing their needs, and advocating solutions to their problems; and promoting the development of citizen organizations.
(5) Encourage, cooperate with, and assist in the development and operation of services to provide current, objective, and verified information about long-term care;
(6) Develop and implement, with the assistance of regional programs, a continuing program to publicize, through the media and civic organizations, the office, its purposes, and its methods of operation;
(7) Maintain written descriptions of the duties and qualifications of representatives of the office;
(8) Evaluate and make known concerns and issues regarding long-term care by doing all of the following:
(a) Preparing an annual report containing information and findings regarding the types of problems experienced by residents and recipients and the complaints made by or on behalf of residents and recipients. The report shall include recommendations for policy, regulatory, and legislative changes to solve problems, resolve complaints, and improve the quality of care and life for residents and recipients. The report shall be submitted to the governor, the speaker of the house of representatives, the president of the senate, the director of health, the medicaid director, the director of job and family services, the director of mental health and addiction services, and the assistant secretary for aging of the United States department of health and human services.
(b) Monitoring and analyzing the development and implementation of federal, state, and local laws, rules, and policies regarding long-term care services in this state and recommending to officials changes the office considers appropriate in those laws, rules, and policies;
(c) Providing information and making recommendations to public agencies, members of the general assembly, and others regarding problems and concerns of residents and recipients.
(9) Conduct training for employees and volunteers on the ombudsman's staff and for representatives of the office employed by regional programs;
(10) Monitor the training of representatives of the office who provide volunteer services to regional programs, and provide technical assistance to the regional programs in conducting the training;
(11) Issue certificates attesting to the successful completion of training and specifying the level of responsibility for which a representative of the office who has completed training is qualified;
(12) Register as a residents' rights advocate with the department of health under division (B) of section 3701.07 of the Revised Code;
(13) Conduct advocacy visits and authorize other representatives of the office of the state long-term care ombudsman program to conduct advocacy visits;
(14) Perform other duties specified by the department of aging.
(B) The state ombudsman may delegate to any member of the ombudsman's staff any of the ombudsman's authority or duties set forth in sections 173.14 to 173.28 of the Revised Code other than any authority or duty required by federal law to be exercised or performed by the ombudsman. The state ombudsman is responsible for any authority or duties the ombudsman delegates.
Structure Ohio Revised Code
Chapter 173 | Department of Aging
Section 173.01 | Department of Aging; Powers and Duties.
Section 173.011 | Planning and Service Areas.
Section 173.012 | Training Programs.
Section 173.02 | Administrative Rules.
Section 173.03 | Ohio Advisory Council for Aging.
Section 173.04 | Dementia Training and Respite Care Programs.
Section 173.05 | Acting Director.
Section 173.06 | Golden Buckeye Card Program.
Section 173.061 | Records of Card Holders.
Section 173.08 | Resident Services Coordinator Program.
Section 173.11 | System of Multipurpose Senior Centers.
Section 173.12 | Services Provided by Multipurpose Senior Center.
Section 173.121 | Bingo Games at Multipurpose Senior Center.
Section 173.13 | Continuing Care Facility Residents' Rights.
Section 173.14 | Long-Term Care Ombudsman Program Definitions.
Section 173.15 | Office of State Long-Term Care Ombudsman Program.
Section 173.16 | Designation of Regional Long-Term Care Ombudsman Programs.
Section 173.17 | State Long-Term Care Ombudsman; Duties.
Section 173.18 | Regional Long-Term Care Ombudsman Program - Duties.
Section 173.19 | Investigating and Resolving Complaints.
Section 173.20 | Access to Records; Subpoena Power.
Section 173.21 | Training and Certification Programs.
Section 173.22 | Confidential Information.
Section 173.23 | Immunity; False Complaint; Representation by Attorney General.
Section 173.24 | Protection for Disciplinary or Retaliatory Action.
Section 173.25 | Cooperation and Coordination With Agencies.
Section 173.26 | Payment of Fee per Bed to Department of Aging.
Section 173.27 | Criminal Records Check of Ombudsman Applicants.
Section 173.28 | Additional Fines for Certain Violations.
Section 173.38 | Criminal Records Checks.
Section 173.381 | Permissible Actions Based on Criminal Records Check.
Section 173.39 | Community-Based Long-Term Care - Provider Certification for Payment.
Section 173.391 | Requirements for Provider Certification - Disciplinary Action.
Section 173.392 | Payment of Noncertified Provider.
Section 173.393 | Provider Evaluation Records as Public Records.
Section 173.41 | Statewide Aging and Disabilities Resource Network.
Section 173.42 | Long-Term Care Consultation Program.
Section 173.421 | Periodic or Follow-Up Long-Term Care Consultations.
Section 173.422 | Certification to Conduct Long-Term Care Consultation.
Section 173.423 | Monitoring of Home and Community-Based Services Elections.
Section 173.424 | Compliance With Federal Law.
Section 173.431 | Administration of Budget.
Section 173.432 | Care Management and Authorization Services.
Section 173.434 | Adoption of Rules.
Section 173.44 | Survey of Nursing Homes and Residential Care Facilities.
Section 173.45 | Facilities Definitions.
Section 173.46 | Long-Term Care Consumer Guide.
Section 173.47 | Customer Satisfaction Survey for Long-Term Care Facilities.
Section 173.48 | Fees for Consumer Care Guide; Long-Term Care Consumer Guide Fund.
Section 173.49 | Implementing Rules to Be Adopted by Department.
Section 173.50 | Pace Administration.
Section 173.501 | Home First Component of Pace.
Section 173.51 | Definitions for Passport and Assisted Living Programs.
Section 173.52 | Medicaid-Funded Component of Passport Program.
Section 173.521 | Home First Component.
Section 173.522 | State-Funded Component of Passport Program.
Section 173.524 | Kosher Meals.
Section 173.54 | Medicaid-Funded Component of Assisted Living Program.
Section 173.541 | Eligibility for Assisted Living Program.
Section 173.542 | Home First Component of the Assisted Living Program.
Section 173.543 | State-Funded Component of Assisted Living Program.
Section 173.544 | Eligibility Requirements for State-Funded Component of Assisted Living Program.
Section 173.546 | Needs Assessments.
Section 173.547 | Staff Requirements for Assisted Living Program Facility.
Section 173.548 | Choice of Single or Multiple Occupancy Room.
Section 173.60 | Nursing Home Quality Initiative.
Section 173.70 | Programs for the Provision of Outpatient Prescription Drug Discounts.
Section 173.95 | Best Practices to Prevent Elder Fraud and Financial Exploitation.