Chapter 28, Article 17 NMSA 1978 may be cited as the “Long-Term Care Ombudsman Act”. History: Laws 1989, ch. 208, § 1; 2017, ch. 81, § 1. ANNOTATIONS Cross references. — For the Continuing Care Act, see Chapter 24, Article 17 NMSA 1978. The 2017 amendment, effective June 16, 2017, changed “Sections 1 through 19 […]
Every long-term care facility shall post in a conspicuous location a notice of the name, address and phone number of the office. The name and phone number of the nearest designated program and that of the ombudsman assigned to that long-term care facility shall be posted, where applicable. A brief description of the services provided […]
Upon request, the office shall have access to records of any state or local government agency, including copies of all licensing and certification records relating to long-term care facilities as necessary to carry out its responsibilities under the Long-Term Care Ombudsman Act and which records are available to the patient, resident or client, except for […]
Representatives of the office shall have immediate access to any patient, resident or client for the purpose of effectively carrying out the provisions of the Long-Term Care Ombudsman Act. History: Laws 1989, ch. 208, § 12.
A. In order for the office to carry out its responsibilities, including conducting investigations, under the Long-Term Care Ombudsman Act, the office shall have full and immediate access to readily available medical, personal, financial and other nonmedical records, which include administrative records, policies, procedures or documents that concern, involve or pertain to a resident’s diet, […]
A. The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman’s designee. All state ombudsman files and records pertaining to clients, patients and residents are […]
The agency shall ensure that: A. no individual or a member of the immediate family of an individual involved in the designation of the ombudsman or the designation of a regional or local ombudsman is subject to a conflict of interest; B. no officer or employee of the office, ombudsman coordinator or representative, or a […]
Any regional or local ombudsman program designated by the office or any individual certified by the office, whether an employee or an unpaid volunteer, shall be treated as a representative of the office. History: Laws 1989, ch. 208, § 16.
No representative of the office shall be liable under state law for the good faith performance of official duties pursuant to the Long-Term Care Ombudsman Act. History: Laws 1989, ch. 208, § 17.
The agency shall ensure that: A. adequate legal counsel is available and is able, without conflict of interest, to: (1) provide advice and consultation needed to protect the health, safety, welfare and rights to residents; and (2) assist the ombudsman and representatives of the office in the performance of the official duties of the ombudsman […]
A. No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility. B. No person shall institute discriminatory, disciplinary or retaliatory action against any resident, employee or other person for filing a complaint, providing information to or otherwise cooperating with a representative of […]
The legislature recognizes that the state agency on aging [aging and long-term services department] pursuant to a grant from the federal government has established an office of the state long-term care ombudsman. The legislature declares that it is the public policy of this state to encourage community contact and involvement with patients, residents and clients […]
As used in the Long-Term Care Ombudsman Act: A. “adult protective services” means the agency’s adult protective services division that receives and investigates reports of adult abuse, neglect or exploitation; B. “agency” means the aging and long-term services department; C. “care” means assistance with the activities of daily living, including eating, dressing, oral hygiene, bathing, […]
A. Pursuant to the Older Americans Act, the agency shall establish and operate an “office of the state long-term care ombudsman” either directly or by contract or other arrangement with any public agency or nonprofit private organization; except that no contract or arrangement may be made with any entity that is responsible for licensing or […]
The director shall adopt and promulgate such reasonable rules and regulations as are deemed necessary to carry out the provisions of the Long-Term Care Ombudsman Act. Unless otherwise provided by statute, no regulation affecting any person or agency outside the office shall be adopted, amended or repealed without a public hearing on the proposed action […]
A. In carrying out the duties of the office, the state ombudsman may designate an entity as a regional or local ombudsman entity, and may designate an employee or volunteer to represent the entity. An individual so designated shall, in accordance with the policies and procedures established by the office and the agency: (1) provide […]
A. The state ombudsman shall ensure that office staff, including volunteers and other representatives of the office, are trained in: (1) federal, state and local laws, regulations and policies with respect to long-term care facilities in the state; (2) investigative techniques; and (3) such other matters as the agency deems appropriate. B. The state ombudsman […]
The office shall investigate and seek to resolve complaints and concerns communicated by or on behalf of patients, residents or clients of any long-term care facility. The office may initiate investigations based on its observations of the conditions in a long-term care facility. If the office does not investigate a complaint, the complainant shall be […]
A. When abuse, neglect or exploitation of a resident of a long-term care facility is witnessed or suspected, the state ombudsman or an ombudsman shall personally discuss the matter with the resident, or, if the resident is unable to communicate informed consent, the resident’s surrogate decision-maker, if applicable, and: (1) if the resident communicates informed […]
