Section 10-910 – Violations; Penalties
(a) In accordance with 42 U.S.C. § 3058g(j)(1), a person may not willfully interfere with an ombudsman’s performance of an official duty. (b) A person may not retaliate or make reprisals with respect to any person who filed a complaint with, or provided information to, an ombudsman. (c) A person who violates this section is guilty of a […]
Section 10-911 – Immunity
An ombudsman is not liable under State law for good faith performance of official duties.
Section 10-904 – Qualifications
(a) Entities eligible to be designated as local long–term care ombudsman entities shall: (1) have demonstrated capability to carry out the responsibilities of the Office; (2) be public or nonprofit entities; (3) be free of conflicts of interest; and (4) meet any additional requirements that the Secretary and the State Long–Term Care Ombudsman specify. (b) (1) The Secretary, in consultation with the […]
Section 10-905 – Powers
In accordance with requirements of the federal Older Americans Act, an ombudsman shall have access to: (1) long–term care facilities and residents; (2) the medical and social records of a resident, if: (i) the ombudsman has the permission of the resident or the legal representative of the resident; or (ii) the resident is unable to consent and has no […]
Section 10-906 – Regulations Related to Conflicts of Interest and Confidentiality
(a) The Secretary, in consultation with the State Long–Term Care Ombudsman and area agencies on aging, shall adopt regulations to govern conflicts of interest to ensure that: (1) no individual, or member of the immediate family of an individual, involved in the designation of the State Long–Term Care Ombudsman or a local long–term care ombudsman entity, is […]
Section 10-907 – Coordination of Services
The Secretary shall require the State Long–Term Care Ombudsman to coordinate ombudsman services with: (1) the Maryland Department of Health; (2) the Department of Human Services; (3) protection and advocacy systems for individuals with developmental disabilities and mental illnesses; and (4) legal assistance.
Section 10-908 – Statewide Uniform Reporting System for the Program
The Secretary shall establish and maintain a statewide uniform reporting system for the Program to collect and analyze data relating to complaints and conditions in long–term facilities and to residents for the purpose of identifying and resolving significant problems.
Section 10-909 – Annual Reports
The State Long–Term Care Ombudsman shall submit an annual report to the Governor and the General Assembly, in accordance with § 2–1257 of the State Government Article, on the activities of the Program that includes recommendations of the State Long–Term Care Ombudsman for improving services for residents.
Section 10-901 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Local long–term care ombudsman entity” means an entity designated by the State Long–Term Care Ombudsman to assist in carrying out the duties of the Program. (c) “Long–term care facility” means: (1) a nursing facility, as defined in § 19–301 of the Health – General Article; or (2) an […]
Section 10-902 – Long-Term Care Ombudsman Program Established
(a) There is a Long–Term Care Ombudsman Program in the Department. (b) The purpose of the Program is to fulfill the requirements of: (1) the Program under this subtitle; and (2) the federal Older Americans Act, including the requirements of 42 U.S.C. § 3058g. (c) (1) The Secretary, in consultation with the State Long–Term Care Ombudsman, shall adopt regulations necessary to […]