Office of the Long-Term Care Ombudsman

Section 161-F:13

    161-F:13 Powers and Duties. –
I. The long-term care ombudsman shall:
(a) Investigate any act, omission, practice, policy or procedure of any individual, facility, or government agency that may adversely affect the health, safety, welfare, or civil or human rights of:
(1) Any elderly resident of a facility; or
(2) Any non-elderly resident of a facility where such investigation shall:
(A) Benefit elderly residents of that facility or facilities generally; and
(B) Not significantly diminish the long-term care ombudsman's ability to investigate complaints regarding elderly residents of facilities.
(b) Represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents.
(c) Establish an advisory committee, which shall include residents and their legal representatives, older persons, providers of services, representatives of government agencies and representatives of community organizations serving older people, which shall meet quarterly in order to provide consultation to the long-term care ombudsman in planning and operating this subdivision.
(d) Provide information as appropriate to facilities, other agencies, and the public regarding the problems and concerns of residents of facilities.
(e) Inform residents, family members, and others acting on behalf of residents how to access the assistance and services of the office and the services and assistance of other providers or agencies, including legal services.
(f) Ensure regular and timely access to and response from the office.
(g) Comment on, facilitate public comment on, and recommend changes to existing or proposed laws, rules, regulations and other governmental policies and actions that affect the health, safety, welfare, and rights of residents.
(h) Provide technical support for the development of resident and family councils to protect the well-being and rights of residents.
(i) Provide for education and training of the long-term care ombudsman office staff and volunteers.
(j) Educate facilities, agencies, and staff members concerning the rights and welfare of residents.
(k) Promote and support development of citizen organizations to participate in the ombudsman program.
II. The files maintained by the office shall be confidential and shall not be disclosed unless such disclosure is authorized by law or required by court order. Nothing in this paragraph shall be construed to prohibit the disclosure of information gathered in any investigation to any interested party as may be necessary to resolve the complaint.
III. The long-term care ombudsman shall adopt rules, pursuant to RSA 541-A, to ensure the efficient conduct of the business, duties, and general administration of the office and to assure compliance with the requirements of the Older Americans Act, as set forth in 42 U.S.C. 3058f-3058g.

Source. 2004, 110:2, eff. July 16, 2004.